Re Karamjit Singh
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CACV 78/2018 [2018] HKCA 661 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF APPEAL CIVIL APPEAL NO 78 OF 2018 (ON APPEAL FROM HCAL 594/2017) ____________________
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________________ JUDGMENT ________________ Hon Barma JA (giving the Judgment of the Court): 1.On 2 August 2018, this court (Chu and Barma JJA) handed down a judgment dismissing the applicant’s appeal against the decision of Deputy High Court Judge Woodcock (“the judge”) on 16 March 2018 refusing leave to the applicant to apply for judicial review. The applicant had sought to review the decision of the Torture Claims Appeal Board (“the Board”) dismissing his appeal from a decision of the Director of Immigration rejecting his non‑refoulement claim. 2.The facts and issues in the appeal, as well as the court’s reasons for dismissing it, are set out in our judgment.[1] We will not repeat them here. 3.The applicant subsequently applied, by a notice of motion dated 9 August 2018, for leave to appeal to the Court of Final Appeal. The applicant stated in his notice of motion that he had been deprived of the opportunity to establish his claim. His claim “did not actually get re-heard by the [Board], and therefore [his] case should be referred back to the Appeal stage.” 4.In compliance with the directions of the court, the applicant lodged a written submission in support of his application on 23 August 2018. In his written submission, the applicant submitted that:
5.Having considered the applicant’s notice of motion and written submission, we can find no reason for us to depart from the usual practice of determining an application of this kind on the papers. We have, therefore, determined the applicant’s application on the basis of his notice of motion and written submission. 6.The matters stated by the applicant in his notice of motion do not constitute valid grounds for granting leave to the Court of Final Appeal. The applicant has failed to identify any question of great general or public importance for the Court of Final Appeal to determine in accordance with section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance, Cap 484. Nor is any such question apparent to us from the matters he has raised in his notice of motion and his written submission. 7.While this court observed that the Board should have regard to the merits of the applicant’s case based on BOR2 risk instead of simply dismissing the application for lateness, this court had also held that the intended application for judicial review was without merit ([14]-[15] of the judgment dated 2 August 2018). This court had already concluded at [19] that there was no additional basis for advancing a claim under the BOR2 risk other than that already relied upon in respect of the BOR 3 risk, the persecution risk, and the torture risk. Further at [20], the court concluded there was no error of law or procedure in the proceedings before the Director and the Board. In the circumstances, we do not consider that referring the applicant’s case back to the Board would be appropriate. 8.In our view, this complaint is plainly not reasonably arguable before the Court of Final Appeal. 9.We also do not see any basis for granting leave on the “otherwise” limb under section 22(1)(b). 10.For these reasons, the notice of motion dated 9 August 2018 is dismissed.
The applicant appeared in person |
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Cases cited in this judgment
Sukran Habibur Rahman v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Bano Mumtaz v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office and Another
Re Hussain Imran
Re Nishan Singh
Basnet Sachin Bahadur v. Torture Claims Appeal Board
Gagga Singh and Another v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Akhtar Shaikh Jawed v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Re Amarjit Singh
Subba Sabitra v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Avtar Singh v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Tursinih v. Torture Claims Appeal Board / Non Refoulement Claims Petition Office
Basnet Sachin Bahadur v. Toture Claims Appeal Board / Non-refoulement Claims Petition Office
Sultan Sabir v. Torture Claims Appeal Board/ Non-refoulement Claims Petiton Office
Yuni Agustin Ningsih and Another v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Ng Magie Ventura v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Raja Muhammad Zubair Mukhtar v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office and Another
Md Ziban v. Torture Claims Appeal Board/ Non-refoulemnt Claims Petition Office
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Lakhwinder Singh v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office and Another
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Further hearings and rulings under CACV 78/2018