Litu Mia v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office

CAMP 176/2020

[2021] HKCA 821

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO 176 OF 2020

(ON AN INTENDED APPEAL FROM HCAL NO 1278 OF 2018)

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BETWEEN

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Before:  Hon Kwan VP, Chu JA and Au JA in Court

Date of Judgment:  11 June 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 23 April 2021 ([2021] HKCA 535). The Court of Appeal dismissed his application for leave to appeal out of time against the decision of Deputy High Court Judge Bruno Chan dated 10 June 2020 ([2020] HKCFI 445) 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 11 May 2021 that the applicant should lodge written submissions in support of his Notice of Motion on or before 24 May 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 compliance with 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 think it appropriate to determine this application on paper and will proceed to do so.

3.The applicant is a national of Bangladesh.  He entered Hong Kong illegally in October 2013 and was arrested by the police on 14 November 2013.  He raised a non-refoulement claim on 27 June 2014 on the basis that if he returns to Bangladesh he will be harmed or killed by a local leader of the rival political party Awami League for failing to pay extortion money.

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 by 13 days.  It was refused by the judge on 10 September 2020. 

5.The applicant renewed his application to the Court of Appeal on 25 September 2020.  The application was dismissed by the Court Appeal on 23 April 2021 because there is no prospect of success in the intended appeal.

Grounds of appeal

6.In the Notice of Motion filed on 10 May 2021, the applicant only stated that he did not get justice and wants to go to the Court of Final Appeal, without stating any particular grounds of appeal.

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 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.

8.In the present application, the applicant has not put forward any ground to demonstrate that the Court of Appeal was wrong in rejecting his application.  Furthermore, he 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).

9.For the above reasons, we refuse to grant leave to appeal to the Court of Final Appeal and dismiss the Notice of Motion filed on 10 May 2021.

The Applicant, acting in person