Case Document

100%Judiciary

CACV 591/2018

[2019] HKCA 571

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 591OF 2018

(ON APPEAL FROM HCAL 388/2018)

__________________

RE:

KULWINDER KAUR

Applicant

__________________

Before:

Hon Yeung Acting CJHC, Chu JA and Lisa Wong J in Court

Date of Written Submissions:	23 April 2019
Date of Judgment:	29 May 2019

_______________

JUDGMENT

_______________

Hon Lisa Wong J (giving the Judgment of the Court):

1.By a judgment dated 8 April 2019[1] (“Judgment”), this court dismissed the abovenamed applicant’s appeal from Deputy Judge Josiah Lam (“Judge”)’s decision dated 12 December 2018[2] (“Judge’s Decision”) refusing her leave to apply for judicial review of the Torture Claims Appeals Board (“Board”)’s decision dated 1 March 2018 (“Board’s Decision”) in respect her non-refoulement claim.

2.By a notice of motion filed on 10 April 2019, the applicant sought leave to appeal against the Judgment to the Court of Final Appeal (“CFA”). The notice of motion read follows:

“I am not satisfied with the decision because If I return to my country I may tortured or killed by my enemies. I request you please keep me to stay in Hong Kong until I have problem. I hope you will give me your kind favour and keep me to protect my life.”

3.The written submission lodged on 23 April 2019, after stating the applicant’s name, case number and country of origin, ran along the same theme, as follows:

“… i have problem in my own country that's why i left my country and come to Hong kong. I need your kind attention over my application so that i can save my life.

I dont have enough sources to protect my self from them They still come to my place to locate me. i am fear if i return to my country i may tortured or killed by my enemies. i dont to die. No one can help me there because almost everyone cared from them

Police also working as they want. They can give bribe police and police give them permission to do any illegal work. They are using high level of protocol. Death in police custody re common fact and real culprits are very rare to bring justice. only strong people can survive there.

Please help me to stay in Hong Kong until i have these problem iam fear if i return to my country I may tortured or killed..because i dont have enough sources to protect myself..

I hope you wil understand my problem and wil give me your kind favour sothat i can save my life.iam looking towards your kind attention over my application.

Now i left hope only from you. Because at this moment i cant go back to my country. i am seeking protection from you from this danger.

I hope you will give me your kind favour and allow me to stay in Hong Kong until i have problem in my own country. i hope i will get your kind favour over my application. i wil be grateful to you for your kindness towards me.”

4.The applicant has not by either her notice of motion or written submission identified any issue of great, general or public importance that should be submitted for determination by the CFA. The statutory criteria laid down in s 22(1)(a) of the Hong Kong Court of Final Appeal Ordinance (Cap 484) is thus not met. Nor do we see any basis to grant leave on the “otherwise” limb under s 22(1)(b).

5.The notice of motion must be dismissed.