Mia Mohammad Milon v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office and Another

CAMP 168/2019

[2020] HKCA 57

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO 168 OF 2019

(ON AN INTENDED APPEAL FROM HCAL NO 593 OF 2017)

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BETWEEN

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J U D G M E N T

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

1.This is the applicant’s application for leave to appeal to the Court of Final Appeal against the judgment of the Court of Appeal handed down on 13 November 2019 ([2019] HKCA 1262) refusing to grant leave to appeal out of time against the judge’s decision dismissing his application for leave to apply for judicial review concerning his non-refoulement claim.

2.In the Notice of Motion filed on 6 December 2019, the applicant stated that he was not satisfied with the judge’s decision dismissing his application for leave to apply for judicial review.  He also stated that he has no way except going to the Court of Final Appeal, he is a representative of the oppressed people of Bangladesh and for the great interest of the oppressed he will go to the Court of Final Appeal.

3.The contentions stated in his written submissions may be summarized as follows:

(1)  He had political problem in his country.  He came to Hong Kong because he does not want to die in the hands of his enemy.  His rival political party, the Awami League, has been ruling Bangladesh continuously for 12 years.  

(2)  He has thousands of followers, if he is sent back to Bangladesh before the Awami League loses power, he will be killed.  His followers will lose their mental power.  Nobody will raise his voice against corruption and government.

4.Pursuant to paragraph 3 of Practice Direction 2.1, the Registrar of Civil Appeals had directed on 12 December 2019 that the Notice of Motion shall be determined on paper only without an oral hearing.  The applicant lodged his written submission on 20 December 2019.  We think it is appropriate to determine this application on paper and will do so accordingly.

5.Section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance (Cap 484) provides that an appeal shall lie to the Court of Final Appeal at the discretion of the Court of Appeal or the Court of Final Appeal, from any judgment of the Court of Appeal in any civil cause or matter, whether final or interlocutory, if, in the opinion of the Court of Appeal or the Court of Final Appeal, as the case may be, the question involved in the appeal is one which, by reason of its great general or public importance, or otherwise, ought to be submitted to the Court of Final Appeal for decision.

6.The applicant’s grounds of appeal and submissions are just bare assertions without particulars or evidence in support.  They do not constitute valid grounds for granting leave to appeal to the Court of Final Appeal. In particular, the assertion that he has thousands of followers was not mentioned in the court below or in his application before the Court of Appeal. It is not open to him to put forward a new ground for the first time at this late stage of the proceedings, well outside the time limit for bringing judicial review proceedings.

7.The applicant has failed to identify any question of great general or public importance which ought to be submitted to the Court of Final Appeal for determination in accordance with section 22(1)(b).  There is also no basis for granting leave on the ‘or otherwise’ limb under section 22(1)(b).

8.For the above reasons, we dismiss his application for leave to appeal to the Court of Final Appeal.

The Applicant, acting in person