Re Akhondo Shakil

CACV 175/2021

[2021] HKCA 1958

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 175 OF 2021

(ON APPEAL FROM HCAL NO 2256 OF 2018)

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Before: Hon Au and G Lam JJA in Court

Date of Written Submissions: 8 December 2021

Date of Judgment: 23 December 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 a Bangladeshi 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 Bruno Chan,[1] and his appeal against that decision was dismissed by this Court on 11 November 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 25 November 2021, leave to appeal further to the Court of Final Appeal.  In the Notice of Motion, the applicant stated:

“ I Ahondo Shakil, My life is still in Danger My home Country, I was returned to Bangladesh killed by my enemy Supporters of the Awami League. I would like to inform 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 claims. Actual life occur different situation then what is mentioned in COL information. The officer and court perfect to ignore the overwhelming 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 dangerous of my life and clearly not reasonable. Hong Kong government doesn’t know about the Corruption in Bangladesh. If I would return to Bangladesh must be harmed and killed by Supporters of the Awami League. I’m worried my enemy because hold the big post , longer time. My enemy leader of ruling party Bangladesh Awami League AL.”

4.In an appendix to the Notice of Motion, the applicant reiterated his prior written submissions in his appeal to this Court.  He also raised a new argument that Bangladesh has been a hotbed of communal violence against the Hindu minority, and contended that this Court failed to sufficiently research and inquire into country of origin information (“COI”) and to have regard to relevant and updated COI.  He also stated that he did not want to return to his country until the COVID-19 pandemic ends, due to the dangerous conditions of the pandemic in his country. Further, he referred to updated COI regarding overcrowding in prisons in Bangladesh and document fraud in that country.

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

6.In his written submissions of 8 December 2021, the applicant reiterated most of the content of the appendix to the Notice of Motion and his prior submissions made in the appeal to this Court.

7.Having considered the materials available, we are satisfied that there is no reasonable prospect of success 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.

8.The Notice of Motion is therefore dismissed.

The Applicant, unrepresented, acting in person