Riaz Md v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office

CACV 328/2019

[2020] HKCA 97

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 328 OF 2019

(ON APPEAL FROM HCAL 228 OF 2018)

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Before:  Hon Yuen JA, Lisa Wong and S T Poon JJ in Court

Date of Written Submissions: 21 November 2019

Date of Judgment: 14 May 2020

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J U D G M E N T

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Hon S T Poon J (giving the Judgment of the Court):

1.This court handed down judgment on 30 October 2019 ([2019] HKCA 1216) dismissing the applicant’s appeal against an order of DHCJ Bruno Chan given on 15 July 2019 refusing his application for leave to apply for judicial review concerning his non‑refoulement claim. The facts and issues in the appeal before the Court of Appeal, as well as the court’s reasons for dismissing it, are set out in our judgment and will not be repeated here.

2.The applicant filed a Notice of Motion on 7 November 2019 for leave to appeal to the Court of Final Appeal and lodged his written submissions on 21 November 2019.

3.Pursuant to the directions made by the Registrar of Civil Appeals on 8 November 2019, the Notice of Motion shall be determined on paper only without an oral hearing, unless the court otherwise directs.  We agree it is appropriate to determine this application on paper.

4.In the Notice of Motion, the applicant stated as follows:

“Dear Sir/Madam,

I would like to [inform] the Honourable Court that there is some error in law in my decision. Decision maker just relied on COL [COI] Information and my previous facts which were in favor while rejecting my claim. Actual life occur different situation then what is mentioned in COL [COI] Information. The Officer and [courts] prefers to ignore the overwhelming of the evidence of this violence towards minorities searching for unrealistic silver lining. The Decision is [betray] a bias and formula approach unlikely fairly access the danger of my life and clearly not reasonable.” (sic)

5.The written submissions mainly repeated the skeleton submissions filed on 26 September 2019 in support of the applicant’s appeal to this court.

6.As set out in paragraphs 14 to 15 of the judgment of this court, the main reason for dismissing the applicant’s appeal is that the applicant’s repeated leave application has no justification and is an abuse of process.  The applicant has advanced no ground in his Notice of Motion or Skeleton Submission against this finding.    

7.Section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance (Cap. 484) provides that leave to appeal to the Court of Final Appeal shall be granted at the discretion of the Court of Appeal or the Court of Final Appeal if the question in the appeal involves great general or public importance or otherwise ought to be determined by the Court of Final Appeal.

8.No question of great general or public importance has been identified in the grounds in the Notice of Motion.

9.Nor do we see any basis for granting leave on the “or otherwise” limb under section 22(1)(b).

10.In the circumstances, we cannot find any basis for granting leave to appeal to the Court of Final Appeal.

11.By virtue of the above, the Notice of Motion dated 7 November 2019 is dismissed.

The appellant, unrepresented, appeared in person.