Ariadinata Sigit v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office

HCAL 407/2026

[2026] HKCFI 2380

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 407 of 2026

Application for Leave to Apply for Judicial Review

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

Following:

Order by Deputy High Court Judge K.W. Lung:

1.   The extension of time for the application for Judicial Review be refused; and

2.   The application for leave to apply for Judicial Review be dismissed.

Observations for the Applicant:

THE APPLICATION

1.The applicant applies for leave to apply for judicial review of the Decision dated 2 February 2024 of the Torture Claims Appeal Board (“the Board’s Decision”). His application is late. His application shall not be later than 3 months from the date of the Board’s Decision[1], which expired on 2 May 2024.  His application was filed on 13 February 2026, which is late for more than 1 year and 9 months. This issue will be dealt with below.

2.The applicant did not ask for a hearing.

3.The Board’s Decision is in Chinese whereas this Form CALL-1 is in English because the applicant submitted his written submissions in English.

The applicant

4.The applicant is a national of Indonesia. He is an illegal immigrant. He lodged a non-refoulement claim on the basis that, if refouled, he will be harmed or killed by the family of a victim, who was knocked down by him in a traffic accident.

5.Details of the applicant’s story can be found in the Board’s Decision. See hyperlink  https://legalref.judiciary.hk/doc/judg/html/vetted/other/en/2026/HCAL000407_2026_files/the_Board's_Decision.pdf .

The Director’s Decision

6.The Director considered the applicant’s claim in relation to the following risks:

a.   risk of torture under Part VIIC of the Immigration Ordinance, Cap. 115, (“the Ordinance”) (“Torture risk”);

b.   risk of violation of the right to life under Article 2 of Section 8 of the Hong Kong Bill of Rights Ordinance, Cap. 383 (“HKBOR”) (“BOR 2 risk”);

c.   risk of torture or cruel, inhuman or degrading treatment or punishment (“CIDTP”) under Article 3 of Section 8 of the HKBOR (“BOR 3 risk”); and

d.   risk of persecution by reference to the non-refoulement principle under Article 33 of the 1951 Convention relating to the Status of Refugees and its 1967 Protocol (“Refugee Convention”) (“Persecution risk”).

7.By Notice of Decision dated 4 October 2023 (“the Director’s Decision”), the Director refused the applicant’s claim on all applicable risks because it was unsubstantiated.

The Board’s Decision

8.The applicant appealed the Director’s Decision to the Board.  On 22 December 2023 and 29 January 2024, the Board conducted an oral hearing. He had given oral evidence and answered the Board’s questions.

9.Having considered the evidence, the Board made the findings below.

(1)   His evidence was not reasonable or logical and the Board found him not a reliable witness as he had also avoided answering the Board’s questions. [47]-[50]

(2)   He may have state protection if he returns to Indonesia. [62]

(3)   Internal relocation is viable. [71]

10.For the reasons above, the Board dismissed the applicant’s appeal and affirmed the Director’s Decision.

Application for leave to apply for judicial review of the Board’s Decision

11.The applicant has filed Form 86 dated 13 February 2026 for leave to apply for judicial review of the Board’s Decision.

12.In support of his application, the applicant raised the grounds below.

(1)   The applicant cited the relevant statutory provisions of the applicable risks.

(2)   He disputed that state protection will be available to him if he returns to Indonesia.

(3)   The Board failed to consider what will happen to him if his enemies found him.

DISCUSSION

13.As mentioned in paragraph 1, this application is late. In AW v. Director of Immigration and William Lam CACV 63 of 2015, 3 November 2015, §27 the Court of Appeal held that for extension of time for making the application for leave to apply for judicial review, the court has to consider, inter alia, the prospect of success of the intended application. I shall consider the merits of the applicant’s case.

14.The Court will bear in mind that the Board’s Decision should be examined with rigorous examination and anxious scrutiny.      

15.In Re: Kartini [2019] HKCA 1022, 9 September 2019, the Court of Appeal held:

“13. (1) … …Assessment of evidence and COI materials and risk of harm, state protection and viability of internal relocation are primarily within the province of the Board (and the Director). The 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 Board.”

16.The applicant has not given any reason to explain his delay, which is serious. The reasons under paragraph 12 do not assist him. Ground (1) is not valid to challenge the Board’s Decision[2]. Ground (2) is within the province of the Board. Ground (3) is not valid as the Board did not believe his evidence on the facts of his claim.

17.In the circumstances, the applicant fails to show that he has any realistic prospect of success in his proposed judicial review of the Board’s Decision.

DISPOSITION

18.I refuse to extend time for the applicant to apply for leave to apply for judicial review of the Board’s Decision. Accordingly, I dismiss his application.

Dated the 13^th day of May 2026

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