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

Read the full judgment text of CAMP 74/2021 on BabelCite. This Court of Appeal judgment was delivered on 15 October 2021.

1. On 30 August 2021, this Court gave its decision (“ the CA Decision ”) dismissing the Applicant’s application for extension of time to appeal the decision of Deputy High Court Judge Bruno Chan dated 13 July 2020 refusing to grant to the Applicant leave to apply for judicial review of the decision of the Torture Claims Appeal Board / Non-refoulement Claims Petition Office dated 23 July 2018.

Cited by 1 case

Case No.CAMP 74/2021[2021] HKCA 1481
Court
Court of Appeal
Date15 Oct 2021
Judge
Case Document
100%Judiciary

CAMP 74/2021

[2021] HKCA 1481

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO. 74 OF 2021

(ON AN INTENDED APPEAL FROM HCAL NO. 1544 OF 2018)

________________________

BETWEEN    
  KHALID Applicant
  and  
  TORTURE CLAIMS APPEAL BOARD/ NON-REFOULEMENT CLAIMS PETITION OFFICE 1st Putative Respondent
  THE DIRECTOR OF IMMIGRATION 2nd Putative Respondent

________________________

Before: Hon Au and Chow JJA in Court

Date of Decision: 15 October 2021

________________________

DECISION

________________________

Hon Chow JA (giving the decision of the Court):

1.On 30 August 2021, this Court gave its decision (“the CA Decision”) dismissing the Applicant’s application for extension of time to appeal the decision of Deputy High Court Judge Bruno Chan dated 13 July 2020 refusing to grant to the Applicant leave to apply for judicial review of the decision of the Torture Claims Appeal Board / Non-refoulement Claims Petition Office dated 23 July 2018.

2.The Applicant now applies by Notice of Motion dated 13 September 2021 for leave to appeal the CA Decision to the Court of Final Appeal.

3.Under s 22(1)(b) of the Hong Kong Court of Final Ordinance, Cap 484, an appeal shall lie to the Court of Final Appeal at the discretion of, inter alia, the Court of Appeal in any civil cause or matter if, in the opinion of the Court of Appeal 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.

4.No question of great general or public importance involved in the proposed appeal is identified in the Notice of Motion.  We are unable to see any such question being involved in the proposed appeal. There is also no basis to grant leave to appeal on the “otherwise” limb in s 22(1)(b) of the Hong Kong Court of Final Ordinance.

5.Accordingly, the application for leave to appeal is refused and the Notice of Motion is dismissed.

(Thomas Au) (Anderson Chow)
 Justice of Appeal  Justice of Appeal

The Applicant, acting in person

The 1st Putative Respondent, acting in person

The 2nd Putative Respondent was represented by Department of Justice