ANGGRAINI LUCKY NOFITA v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

HCAL 127/2021

[2025] HKCFI 6264

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No 127 of 2021

Application for Leave to Apply for Judicial Review

NOTIFICATION of the Judge’s decision (Ord 53 r 3)

Following;

	consideration of documents only;            or
	consideration of the documents and oral submissions by the Applicant in open court;

The application for leave to apply for judicial review be dismissed

Observations for the Applicant:

Introduction

1.  By a Form 86 filed on 4 February 2021 (the “Form 86”), the Applicant applied for leave to apply for judicial review against the decision by the Torture Claims Appeal Board (the “TCAB”) dated 28 January 2021 (the “TCAB Decision”), which affirmed the decision of the Director of Immigration (the “DOI”) dated 29 July 2020.

2.  The Applicant requested for a hearing of this application and she attended the same. When asked if she had anything to add she confirmed that she had not. I also take into account her written submissions (as an exhibit to her 2^nd affirmation dated 9 October 2025) before rendering my decision.

Background

3.  The Applicant is a national of Indonesia. She seeks non-refoulement protection on the basis that she would be harmed or killed by her creditor if she is to go back. The Applicant borrowed money from the creditor and she was unable to repay. Death threats were made by the creditor (there was also a threat that the creditor would take the Applicant as his wife and sell her). The Applicant also claims to be a victim of domestic violence from her husband (and the Applicants feared that he might kill her). The Applicant’s personal background, the relevant facts and relevant procedural history have been sufficiently set out in the TCAB Decision, which can be viewed through a hyperlink[1]. I shall therefore not repeat them.

Discussion

4.  The leave application operates as a filtering process and there is no requirement or expectation to give elaborate reasons for my decision: Re Zunariyah [2018] HKCA 14 at [23]. It is sufficient to state my observations after considering the TCAB Decision and the materials adduced by the Applicant.

5.  I remind myself that in a judicial review, this court does not provide a further avenue of appeal. Though in non-refoulement cases an enhanced standard in scrutinizing the decision of the TCAB is required given the seriousness of the issue at hand, this court should not usurp the role of the TCAB, which together with the DOI are the primary decision-makers. A finding of fact is exclusively within the realm of the TCAB, and this court will not intervene by way of judicial review unless there are errors of law or procedural unfairness or irrationality in the decision of the TCAB: Nupur Mst v Director of Immigration [2018] HKCA 524 at [14(1)]. There must be a reasonably arguable case with a realistic prospect of success before leave for judicial review will be granted: Peter Po Fun Chan v Winnie Cheung (2007) 10 HKCFAR 676.

6.  In a proper Form 86, an applicant is required to identify the grounds of judicial review clearly and succinctly: Ho Loy v Director of Environmental Protection (unreported, HCAL 21/2015, 22 December 2016) at [142], and further to make full and frank disclosure of all material facts to be verified by an affidavit.

7.  The Applicant did not point to any error of law, procedural unfairness or irrationality of the TCAB Decision in the Form 86. In her affirmation in support she identified certain “grounds” but there were only repeated allegations of her case and explanations why she said she remained in danger.

8.  As can be seen from the TCAB Decision, the TCAB took into account all the evidence available [6-9, 27-44] and found that on the basis of the same, applying also the correct legal principles in respect of all four applicable grounds [10-26] and properly considering Country of Origin information [55, 59, 77-80], the Applicant’s allegations were insufficient to make out any of the applicable grounds [47-62, 63-66, 67-70, 71-73]. The TCAB also found key aspects of the Applicant’s evidence to be “inconsistent”, “implausible”, and she was at times “prevaricated” or “evasive” [49].

9.  The TCAB also concluded that state protection and internal relocation were available on the evidence [60, 81-82]. There were conclusions that the TCAB was fully entitled to come to.

10.  The Applicant’s written submissions do not advance her position at all. These were empty and bare assertions that, summarizing broadly, the TCAB Decision was unfair, unreasonable and irrational, that the TCAB incorrectly placed weight on Country of Origin information and other matters, and that the decision was given in a way that was procedurally unfair. Given the matters explained above, I find that none of these complaints is substantiated.

11.  All in all, I do not see any errors of law, procedural unfairness or irrationality in the TCAB Decision, despite rigorous examination and anxious scrutiny. The Applicant’s intended challenge to the TCAB Decision is not reasonably arguable, and accordingly the application for leave to apply for judicial review is dismissed.

Where leave to apply has been granted, Applicants and their legal advisers are reminded of their obligation to reconsider the merits of their application in the light of the Respondent’s evidence

Form CALL-1