Re Khan Khurshid

CACV 158/2021

[2021] HKCA 1677

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 158 OF 2021

(ON APPEAL FROM HCAL NO 2130 OF 2018)

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Before: Hon Barma and G Lam JJA in Court

Date of Written Submissions: 8 October 2021

Date of Judgment: 16 November 2021

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J U D G M E N T

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Hon G Lam JA (giving the Judgment of the Court):

1.The applicant is an Indian national whose non‑refoulement claim was rejected by the Director of Immigration and the Torture Claims Appeal Board/adjudicator of the Non‑refoulement Claims Petition Office. His application for leave for judicial review of the Board’s decision was rejected by Deputy High Court Judge P Li,[1] and his appeal against that decision was dismissed by this Court in our judgment dated 14 September 2021.[2]

2.The relevant facts and procedural history and the reasons for dismissing the appeal have been set out in our previous judgment and will not be repeated here.

3.The applicant now seeks, by Notice of Motion dated 29 September 2021, leave to appeal further to the Court of Final Appeal.  In the Notice of Motion, the applicant stated:

“ I would like to infomr the Honourable Court that there is some error in law in my decision. Decision maker just relied on COL Information and my previous facts which were in favor while rejecting my claim. Acual life occur different situation then what is mentioned in COL Information. The Officer and cours prefers to ignore the overwheming of the evidence of this violence towards minorities searching for unrealistic silver lining. The Decision is betray a bias and formula approach unlikely fairly access the danger of my life and clearly not reasonable.”

4.Pursuant to the directions of the Registrar of Civil Appeals under Practice Direction 2.1, this application will be dealt with on paper without an oral hearing.

5.In his written submissions dated 8 October 2021, the applicant simply set out certain general legal principles and quoted passages from authorities and statutes, and asserted that the Board acted in a procedurally unfair manner in dealing with his application without properly assessing his credibility.

6.Having considered the materials available, we are satisfied that there is no reasonable prospect in the intended appeal or any question involved which, by reason of its great general or public importance, ought to be submitted to the Court of Final Appeal for decision, as required by section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance (Cap 484).  Nor do we see any reason why the applicant should, for some other reason, be allowed to appeal to the Court of Final Appeal.

7.The Notice of Motion is therefore dismissed.

The Applicant, unrepresented, acting in person