Atienza Chona Marasigan v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
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HCAL 1488/2022 [2026] HKCFI 4171 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 1488 of 2022
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: Leave to apply for Judicial Review be refused. Observations for the Applicant: THE APPLICATION 1.The applicant applies for leave to apply for judicial review of the Decision dated 29 November 2022 of the Torture Claims Appeal Board (“the Board’s Decision), which dismissed her appeal against the Director’s Decision refusing her non-refoulement claim as mentioned below. 2.The applicant was absent at the hearing on 15 July 2026. I shall deal with her application on the papers. The applicant 3.The applicant is a national of the Philippines. She is an illegal immigrant. She lodged a non-refoulement claim on the basis that, if refouled, she will be harmed or killed by her boyfriend because she decided to leave him. 4.Details of her claim are set out in the Board’s Decision. See hyperlink. https://legalref.judiciary.hk/doc/judg/html/vetted/other/en/2022/HCAL001488_2022_files/the_Board's_Decision.pdf The Director’s Decision 5.The Director considered the applicant’s claim in relation to the following risks:
6.By way of Notice of Decision dated 28 March 2018 (“Director’s Decision”), the Director dismissed the applicant’s claim on all applicable risks because it was unsubstantiated. The Board’s Decision 7.The applicant appealed the Director’s Decision to the Board. On 12 July 2022, the Board conducted an oral hearing for her. The applicant had given evidence and answered the Board’s questions. 8.Having considered the evidence, the Board found that there was no evidence to support her claim [36]; that there was no evidence that her boyfriend intended to harm or kill her as it was a personal dispute between themselves, and her fear of future risk is only her speculation [37]-[39]; that there was no evidence that the state was involved [61]; that state protection will be available if she returns to the Philippines [64]; and that internal relocation is also viable [94]. 9.For the above reasons, the Board dismissed her appeal and affirmed the Director’s Decision. Application for leave to apply for judicial review of the Board’s Decision 10.The applicant has filed Form 86 dated 13 December 2022 for leave to apply for judicial review of the Board’s Decision. 11.The applicant has not raised any specific reason to challenge the Board’s Decision in her affidavit. She attached a copy of the Board’s Decision to her affidavit. DISCUSSION 12.The role of this Court is supervisory, meaning that it ensures that the Board complied with the public law requirements in coming to the Board’s Decision on the applicant’s appeal. The Court will not usurp the fact-finding power vested in the Director and the Board. See TK v Michael C Jenkins Esq and Director of Immigration [2013] 1 HKC 526, §40 and Nupur Mst v Director of Immigration [2018] HKCA 524, §14 (1). 13.The Court will bear in mind that the Board’s Decisions should be examined with rigorous examination and anxious scrutiny. 14.The applicant has raised no valid ground to challenge the Board’s Decision. 15.The applicant fails to show that she has any realistic prospect of success in her proposed judicial review of the Board’s Decision. DISPOSITION 16.I refuse to grant leave to the applicant to apply for judicial review of the Board’s Decision. Accordingly, I dismiss her application. Dated the 29th day of July 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
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Cases cited in this judgment