Alam Mir v. Torture Claims Appeal Board/ Non-refoulement Claims Petition Office

CACV 503/2021

[2022] HKCA 626

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 503 OF 2021

(ON APPEAL FROM HCAL 3142 OF 2019)

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Before:  Hon Chow JA and Lisa Wong J in Court

Date of Judgment:  18 May 2022

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J U D G M E N T

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

1.On 2 March 2022, this Court gave its judgment (“the CA Judgment”) dismissing the Applicant’s appeal against the order made by Deputy High Court Judge P Li on 8 November 2021 refusing leave to the Applicant to apply for judicial review.

2.The Applicant now applies by Notice of Motion dated 12 April 2022 for leave to appeal the CA Judgment to the Court of Final Appeal. In the Notice of Motion, the following is stated:

“The High Court and the Court of Appeal dismissed my leave to apply for judicial review. I do not agree with them. I did not get justice. I want to go to the Court of Final Appeal for justice. Please give me permission to go.”

3.In his written submissions dated 26 April 2022, the Applicant repeats his claimed fear upon return to Bangladesh, and states that it is not possible for him to return to his home country. He also says that there are “too many error”, but fails to identify any alleged “error(s)” in the respective decisions/judgments of the Board, the Judge or the Court of Appeal.

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. We are satisfied that the intended appeal has no merits and no reasonable prospect of success. There is also no basis to grant leave to appeal on the “or 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.

The Applicant, acting in person