RE DIYAH AYU ASTUTI

[2025] HKCA 471 Court of Appeal 30 May 2025 • CAMP196/2023 • 10 min read
18 cases cited (0 HK, 18 foreign)

Outcome

Leave to appeal refused

leave for judicial review was refused.

Source: [2025] HKCA 471, Court of Appeal, decided 30 May 2025. Read directly from the judgment.

Judges (2)

Parties (1)

Case Significance

Re Diyah Ayu Astuti [2025] HKCA 471 is a Court of Appeal decision on an application for leave to bring judicial review, argued under the Hong Kong Bill of Rights Ordinance, including section 8, and the Immigration Ordinance. The Court of Appeal held that 'leave for judicial review was refused.'

Summary

Indonesian applicant Diyah Ayu Astuti sought an extension of time to appeal the refusal of leave for judicial review of the Torture Claims Appeal Board's decision rejecting her non-refoulement claim. The CFI had twice refused her applications. The Court of Appeal (Barma and Au JJA) dismissed the application, finding the intended appeal had no merit and it would be futile to extend time.

What did the Court of Appeal decide in Re Diyah Ayu Astuti [2025] HKCA 471?

The Court of Appeal refused leave to bring judicial review, holding that 'leave for judicial review was refused.' The underlying claim had been argued under the Hong Kong Bill of Rights Ordinance, section 8, and the Immigration Ordinance.

Statutes Cited

Cases Cited (18)

UK (2)
[1987] 1 AC 514 [1994] 1 AC 531
HK (16)
(2004) 7 HKCFAR 187 [2005] 1 HKLRD 289 [2013] 1 HKC 526 [2014] 4 HKLRD 277 [2018] HKCA 14 [2018] HKCA 15 [2018] HKCA 17 [2018] HKCA 178 [2018] HKCA 37 [2018] HKCA 524 [2018] HKCA 704 [2019] HKCA 1022 [2019] HKCA 658 [2019] HKCA 804 [2023] HKCFI 1221 [2023] HKCFI 684

Judgment

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

Read on HKLII

Source: HKLII ([2025] HKCA 471)