Case Document

100%Judiciary

CACV 219/2018

[2019] HKCA 103

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 219 OF 2018

(ON APPEAL FROM HCAL 1150/2017)

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RE:

ISLAM RAFIQUL

Applicant

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Before: Hon Lam VP, Yuen and Kwan JJA in Court

Date of Written Submissions: 12 October 2018

Date of Judgment: 24 January 2019

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JUDGMENT

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Hon Lam VP (giving the Judgment of the Court):

1.On 3 September 2018, this Court dismissed the applicant’s appeal from the decision of Deputy High Court Judge Josiah Lam dated 5 June 2018 refusing him leave to apply for judicial review (see [2018] HKCA 570).

2.By a notice of motion filed on 4 September 2018, the applicant now seeks leave to appeal to the Court of Final Appeal.

3.The applicant lodged his written submissions on 12 October 2018. After setting out the factual background of his case and referring to various authorities, the applicant submitted that high standards of fairness were required in the determination of a torture claim, that the Torture Claims Appeal Board erred in failing to consider the substantive merits of the applicant’s case, and that the decision maker was under a common law duty to act fairly.

4.Pursuant to paragraph 3 of Practice Direction 2.1, having read the notice of motion and submissions, we consider it appropriate to determine this application on papers without any oral hearing.

5.The applicant did not raise any questions of great, general, or public importance in the notice of motion and his submissions. There is also no basis to grant leave on the “otherwise” limb. The statutory criteria set out in section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance (Cap 484) are not met.

6.For these reasons, we dismiss the notice of motion dated 4 September 2018 accordingly.