Francia Nerry Velasco v. Torture Claims Appeal Board

Read the full judgment text of CACV 205/2021 on BabelCite. This Court of Appeal judgment was delivered on 3 November 2021.

1. On 24 August 2021, this Court gave its judgment (“ the CA Judgment ”) dismissing the Applicant’s appeal against the decision of Deputy High Court Judge Bruno Chan dated 12 November 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 26 September 2018.

Cited by 2 cases

Case No.CACV 205/2021[2021] HKCA 1605
Court
Court of Appeal
Date03 Nov 2021
Judge
Case Document
100%Judiciary

CACV 205/2021

[2021] HKCA 1605

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 205 OF 2021

(ON APPEAL FROM HCAL NO 2116 OF 2018)

____________________

BETWEEN    
  FRANCIA NERRY VELASCO Applicant
  and  
  TORTURE CLAIMS APPEAL BOARD Putative Respondent
Putative
  and  
  DIRECTOR OF IMMIGRATION Interested Party

____________________

Before:  Hon Yuen and Chow JJA in Court

Date of Written Submissions:  25 October 2021

Date of Judgment:  3 November 2021

____________________

JUDGMENT

____________________

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

1.On 24 August 2021, this Court gave its judgment (“the CA Judgment”) dismissing the Applicant’s appeal against the decision of Deputy High Court Judge Bruno Chan dated 12 November 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 26 September 2018.

2.The Applicant now applies by Notice of Motion dated 8 October 2021 for leave to appeal the CA Judgment to the Court of Final Appeal.  In the Notice of Motion, the following is stated:

“The High Court dismissed my leave to apply for judicial review. I appeal to the Court of Appeal but the Court of Appeal too confirm the High Court Judgment. I did not get justice. I want to go 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.

(Maria Yuen) (Anderson Chow)
Justice of Appeal Justice of Appeal

The applicant, unrepresented, appeared in person

Other Judgments in This Case

Further hearings and rulings under CACV 205/2021