Deepak Kumar v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Read the full judgment text of CACV 328/2021 on BabelCite. This Court of Appeal judgment was delivered on 12 January 2022.

1. On 12 October 2021, this Court gave its judgment (“ the CA Judgment ”)  dismissing the Applicant’s appeal against the order of Deputy High Court Judge To dated 17 June 2021 refusing to grant to the Applicant leave to apply for judicial review of the Non-refoulement Claims Petition Office/Torture Claims Appeal Board dated 19 November 2018.

Cited by 1 case

Case No.CACV 328/2021[2022] HKCA 46
Court
Court of Appeal
Date12 Jan 2022
Judge
Case Document
100%Judiciary

CACV 328/2021

[2022] HKCA 46

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 328 OF 2021

(ON APPEAL FROM HCAL NO 2844 OF 2018)

________________________

BETWEEN

DEEPAK KUMAR Applicant
and
TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS
PETITION OFFICE
Putative Respondent
and
DIRECTOR OF IMMIGRATION Putative
Interested Party

________________________

Before:  Hon G Lam and Chow JJA in Court

Date of Judgment:  12 January 2022

________________________

J U D G M E N T

________________________


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

1.On 12 October 2021, this Court gave its judgment (“the CA Judgment”)  dismissing the Applicant’s appeal against the order of Deputy High Court Judge To dated 17 June 2021 refusing to grant to the Applicant leave to apply for judicial review of the Non-refoulement Claims Petition Office/Torture Claims Appeal Board dated 19 November 2018.

2.The Applicant now applies by Notice of Motion dated 16 December 2021 for leave to appeal the CA Judgment to the Court of Final Appeal.  In the Notice of Motion, the following is stated:

“Director Immigration and Torture Claims Appeal Board rejected my non refoulement claim. The High Court and the Court of Appeal dismissed my leave to apply for judicial review. I want to go to the Court of Final Appeal.”

3.The Applicant has not filed any written submissions in support of the Notice of Motion notwithstanding the direction of the Registrar of Civil Appeals dated 16 December 2021.

4.Under s 22(1)(b)  of the Hong Kong Court of Final Appeal 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.

5.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 Appeal Ordinance.

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

(Godfrey Lam) (Anderson Chow)
Justice of Appeal Justice of Appeal

The applicant, acting in person

Other Judgments in This Case

Further hearings and rulings under CACV 328/2021