Abbas Qammar v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office and Another

CAMP 173/2020

[2021] HKCA 620

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO 173 OF 2020

(ON AN INTENDED APPEAL FROM HCAL NO 234 OF 2017)

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Before: Hon Kwan VP, Cheung JAand Chu JA in Court

Date of Judgment: 5 May 2021

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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 Notice of Motion for leave to appeal to the Court of Final Appeal against the judgment of the Court of Appeal (Kwan VP and Chu JA) handed down on 8 March 2021 [2021] HKCA 254). The Court of Appeal dismissed his application for extension of time to appeal against the decision of Deputy High Court Judge Bruno Chan on 1 February 2019 ([2019] HKCFI 305) refusing to grant leave to apply for judicial review concerning his non-refoulement claim.

2.Pursuant to paragraph 3 of Practice Direction 2.1, the Registrar of Civil Appeals had directed on 19 March 2021 that the applicant should lodge written submissions in support of his Notice of Motion on or before 1 April 2021 and that the Notice of Motion shall be determined on paper only without an oral hearing upon compliance with the direction or the expiry of time for the compliance of the direction.  The applicant did not lodge any written submission as directed.  As the time for compliance with the said directions has expired, and, having considered the papers, we consider it appropriate to determine this application on paper.

3.The applicant is a national of Pakistan.  He entered Hong Kong illegally on 21 October 2013 and was arrested by a police on 12 November 2013.  He lodged a non-refoulement claim on 16 November 2013 on the basis that he would be harmed or killed by three fellow villagers over a land dispute.

4.He took out a summons in the court below to seek an extension of time to appeal against the decision of the judge.  His application was late for more than 13 months.  It was refused by the judge on 11 September 2020.

5.The applicant renewed his application to the Court of Appeal for extension of time to appeal on 22 September 2020.  The application was dismissed by the Court of Appeal on 8 March 2021 as the applicant failed to show any prospect of success in his intended appeal.

Grounds of appeal

6.The applicant did not provide any specific ground of appeal in his Notice of Motion filed on 18 March 2021.

Analysis and disposition

7.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 Appel 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.

8.The applicant did not put forward any grounds of appeal and failed to identify any questions 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).

9.We therefore refuse to grant leave to appeal to the Court of Final Appeal and dismiss the Notice of Motion filed on 18 March 2021.

The Applicant, acting in person