Mizi Mohammad Akkach v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office

CACV 369/2019

[2020] HKCA 114

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 369 OF 2019

(ON APPEAL FROM HCAL 609 OF 2018)

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Before:  Hon Barma, Au JJA and S T Poon J in Court

Date of Written Submissions: 30 December 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 (Au JA and S T Poon) handed down judgment on 29 November 2019 ([2019] HKCA 1311) dismissing the applicant’s appeal against an order of DHCJ Josiah Lam given on 30 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 13 December 2019 for leave to appeal to the Court of Final Appeal and lodged his written submissions on 30 December 2019.

3.Pursuant to the directions made by the Registrar of Civil Appeals on 17 December 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:

“The Honourable Justice AU and Honourable Justice S.T. POON gave a Decision/Judgment, which is dismissing my leave to apply. I am not totally satisfy on this order. I did not got justice. For justice I want to go to the Court of Final Appeal.”(sic)

5.In the written submissions the applicant repeated largely his skeleton submissions filed on 16 October 2019 in support of his appeal to this court. The grounds and arguments of the applicant had already been dealt with by this court in paragraphs 20 to 25 of our judgment. 

6.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.

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

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

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

10.By virtue of the above, the Notice of Motion dated 13 December 2019 is dismissed.

The appellant, unrepresented, appeared in person.