SRI MULYANI V. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

[2025] HKCA 201 Court of Appeal 13 March 2025 • CACV457/2024 • 8 min read

5 cases cited (0 HK, 5 foreign)

Outcome

Appeal dismissed

the appeal is dismissed.

Source: [2025] HKCA 201, Court of Appeal, decided 13 March 2025. Read directly from the judgment.

Judges (2)

G Lam Coram Kwan Coram

Parties (3)

Director of Immigration Putative Interested Party Torture Claims Appeal Board / Non-Refoulement Claims Petition Office Putative Respondent Sri Mulyani Applicant

Case Significance

Sri Mulyani v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office [2025] HKCA 201 was decided by the Court of Appeal on 13 March 2025. The appeal engaged the Hong Kong Bill of Rights Ordinance (including section 8), the Immigration Ordinance, and the Rules of the High Court. The Court of Appeal held: "the appeal is dismissed." It followed the earlier decision in Sri Mulyani v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office [2024] HKCFI 2888, and the court also referred to [2018] HKCA 524, [2018] HKCA 714, [2019] HKCA 50, and (2007) 10 HKCFAR 676.

Summary

Indonesian national Sri Mulyani appealed against the refusal of leave for judicial review of the Torture Claims Appeal Board's decision rejecting her non-refoulement claim under the Immigration Ordinance, Bill of Rights, and Refugee Convention. The applicant requested the appeal be dealt with on paper. The appeal was dismissed.

What did the Court of Appeal decide in Sri Mulyani v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office [2025] HKCA 201?

The Court of Appeal held "the appeal is dismissed" in a judgment delivered 13 March 2025, engaging the Hong Kong Bill of Rights Ordinance, the Immigration Ordinance, and the Rules of the High Court, following the earlier decision at [2024] HKCFI 2888.

What earlier authorities did the Court of Appeal refer to in [2025] HKCA 201?

The court referred to its own earlier decisions at [2018] HKCA 524 and [2018] HKCA 714, together with [2019] HKCA 50 and the Court of Final Appeal authority at (2007) 10 HKCFAR 676, alongside the first-instance ruling at [2024] HKCFI 2888.