Sillah Haji v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office

CAMP 123/2021

[2022] HKCA 555

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO 123 OF 2021

(ON AN INTENDED APPEAL FROM HCAL NO 1760 OF 2018)

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Before:  Hon Kwan VP and G Lam JA in Court

Date of Judgment:  29 April 2022

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J U D G M E N T

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Hon Kwan VP (giving the Judgment of the Court):

1.This is the applicant’s Notice of Motion for leave to appeal to the Court of Final Appeal against the judgment of the Court of Appeal (Kwan VP and G Lam JA) handed down on 10 December 2021 ([2021] HKCA 1838). The Court of Appeal dismissed his application for extension of time to appeal against the decision of Deputy High Court Judge KW Lung dated 7 July 2020 ([2020] HKCFI 1361) refusing to grant leave to apply for judicial review concerning his non-refoulement claim.

2.Pursuant to paragraph 3 of Practice Direction 2.1, the Registrar of Civil Appeals had directed on 17 December 2021 that the Notice of Motion shall be determined on paper only without an oral hearing. The applicant has not lodged any written submission as directed. The time for compliance with the said directions has expired. Having considered the papers, we think it is appropriate to determine this application on paper and proceed to do so.

3.The applicant is a national of Gambia. He arrived in Hong Kong on 29 May 2014 and surrendered to the Immigration Department on 28 August 2014 upon overstaying. He lodged a non-refoulement claim on 26 September 2014 on the basis he would be harmed or killed by Alhaji Yahya Jammeh, the then president of Gambia, and/or the Gambian Government because he had filed a case against the president for failing to pay for a garment order.

4.He took out a summons in the court below to seek an extension of time to appeal against the decision of the judge. As his application was late by more than 2 months (exclusive of the court’s summer vacation during the period of August), the judge refused his application on 23 February 2021[1].

5.The applicant renewed his application to the Court of Appeal on 22 April 2021. The application was dismissed by the Court of Appeal on 10 December 2021 as there is no prospect of success in the intended appeal.

Grounds of appeal

6.In the Notice of Motion, the applicant only stated that he wants to go to the Court of Final Appeal because he wishes to challenge the decision of the judge, without giving any particular grounds of appeal against the decision of the Court of Appeal.

7.As he has failed to lodge his written submissions, we shall determine this matter on the materials before us.

Analysis and disposition

8.Section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance (Cap 484) provides that an appeal shall lie to the Court of Final Appeal at the discretion of the Court of Appeal or the Court of Final Appeal, from any judgment of the Court of Appeal in any civil cause or matter, whether final or interlocutory, if, in the opinion of the Court of Appeal or the Court of Final Appeal, as the case may be, 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.

9.In the present application, the applicant failed to demonstrate that the Court of Appeal was wrong in dismissing his application. Besides, he has not identified any question of great general or public importance which ought to be submitted to the Court of Final Appeal for determination in accordance with section 22(1)(b). There is also no basis for granting leave on the ‘or otherwise’ limb under section 22(1)(b).

10.For the above reasons, we refuse to grant leave to appeal to the Court of Final Appeal and dismiss the Notice of Motion filed on 17 December 2021.

The Applicant, acting in person