Case Document

100%Judiciary

CACV 485/2020

[2021] HKCA 1887

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 485 OF 2020

(ON APPEAL FROM HCAL 713/2018)

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RE:

SALAM ABDUS

Applicant

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Before: Hon Barma JA and ST Poon J in Court

Date of Judgment: 17 December 2021

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J U D G M E N T

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

1.On 7 May 2021, this court (Barma JA and ST Poon J) handed down a judgment dismissing the applicant’s appeal against the decision of Deputy High Court Judge Bruno Chan (“the judge”) on 7 September 2020 refusing leave to the applicant to apply for judicial review. The applicant had sought to review the decision of the Torture Claims Appeal Board (“the Board”) dismissing his appeal from the decision of the Director of Immigration rejecting his non-refoulement claim.

2.The facts and issues in the appeal, as well as the court’s reasons for dismissing it, are set out in our judgment.[1] We will not repeat them here.

3.The applicant subsequently applied, by a Notice of Motion filed on 18 May 2021, for leave to appeal to the Court of Final Appeal. The applicant stated in the Notice of Motion that:

“I would like to inform to Court of Final Appeal. There is some error in law in my decision maker. I am totally disagree with the decision of authorities and court because they were only relied on news and web post which is not real matter in actual life. Because its toward to my life my life is in danger in my homeland in Pakistan I do not wish to go back because I fear I will harmed or killed.”

4.The applicant lodged a written submission in support of the application on 1 June 2021. In the written submission, the applicant identified a number of errors allegedly committed by the Board and the Director.

5.Having considered the applicant’s Notice of Motion and written submission, we see no reason to depart from the usual practice of determining an application of this kind on the papers. We have, therefore, determined the applicant’s application on the basis of the documents filed.

6.The matters stated by the applicant do not constitute grounds for granting leave to appeal to the Court of Final Appeal. The applicant has failed to identify any question of great general or public importance for the Court of Final Appeal to determine, as required by section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance, Cap 484. Nor is any such question apparent to us from the matters he has raised.

7.Neither the Notice of Motion nor the written submissions identify any supposed error in our judgment and they raise no ground that is reasonably arguable before the Court of Final Appeal.

8.We also do not see any basis for granting leave on the “otherwise” limb under section 22(1)(b).

9.For these reasons, the Notice of Motion dated 18 May 2021 is dismissed.