DIAN LESTARI AND ANOTHER V. TORTURE CLAIMS APPEAL BOARD

[2025] HKCA 39 Court of Appeal 3 January 2025 • CACV192/2024 • 16 min read
8 cases cited (0 HK, 8 foreign) Cited by 8 cases

Judges (2)

Parties (4)

Case Significance

Dian Lestari and Another v. Torture Claims Appeal Board [2025] HKCA 39 is a Court of Appeal decision dated 3 January 2025, arising from the Court of First Instance judgment in the same matter, Dian Lestari and Another v. Torture Claims Appeal Board [2024] HKCFI 1232. The case engaged the Hong Kong Bill of Rights Ordinance, including section 8, together with the Immigration Ordinance and the Rules of the High Court. The published record for this case does not include a summarised outcome. It was later referenced in a series of non-refoulement matters, including Re Dian Lestari and Another [2025] HKCA 645 and Lubega Muzafaru v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office [2025] HKCFI 2117.

Summary

Dian Lestari and her child Dian Lestari Askana Shaki, Indonesian nationals, appealed the refusal of leave to apply for judicial review of their non-refoulement claim. The Court of Appeal found no error in the lower court's assessment and dismissed the appeal.

Which legislation was engaged in Dian Lestari and Another v. Torture Claims Appeal Board [2025] HKCA 39?

Dian Lestari and Another v. Torture Claims Appeal Board [2025] HKCA 39, a Court of Appeal decision, engaged the Hong Kong Bill of Rights Ordinance, including section 8, together with the Immigration Ordinance and the Rules of the High Court in a non-refoulement matter.

What lower court decision preceded [2025] HKCA 39?

The Court of Appeal decision Dian Lestari and Another v. Torture Claims Appeal Board [2025] HKCA 39 arose from the Court of First Instance judgment in the same matter, Dian Lestari and Another v. Torture Claims Appeal Board [2024] HKCFI 1232.

Statutes Cited

Cases Cited (8)

HK (8)
[2013] 1 HKC 526 [2018] HKCA 524 [2019] HKCA 1022 [2020] HKCA 442 [2020] HKCA 971 [2021] HKCA 124 [2021] HKCA 53 [2024] HKCFI 1232

Cited By (8)

Citation influence

HKLII records this judgment as cited by 8 later judgments. This counts every later Hong Kong judgment that references this case, which is broader than the resolved citations listed above.

Related cases

Other Hong Kong judgments involving the same parties or counsel.

Judgment

Read the full judgment on the official Hong Kong Courts portal.

Read on HKLII

Source: HKLII ([2025] HKCA 39)