Alam Mohammad Ashraful v. Torture Claims Appeal Board

CACV 320/2021

[2022] HKCA 698

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 320 OF 2021

(ON APPEAL FROM HCAL NO 1382 OF 2018)

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Before:  Hon Chow JA and S T Poon J in Court

Date of Written Submission:  24 January 2022

Date of Judgment:  25 May 2022

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J U D G M E N T

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Hon S T Poon J (giving the Judgment of the Court):

1.On 1 November 2021, this Court gave its judgment (“the CA Judgment”) dismissing the Applicant’s appeal against the order made by Deputy High Court Judge Bruno Chan on 16 June 2021 refusing to grant leave to the Applicant to apply for judicial review of the decision of the Non-refoulement Claims Petition Office/Torture Claims Appeal Board (“the Board”) dated 15 June 2018.

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

“I apply to the Director of Immigration for non-refoulement. The Director and the Adjudicator of TCAB rejected my claim. The High Court and the Court of Appeal too refused my leave to apply for judicial review. I want to go to Court of Final Appeal”. [sic]

3.The Applicant filed his written submission on 24 January 2022. In the written submission, the Applicant stated that:

“I am a boy from Bangladesh. My name is Alam Mohammad Asraful. I am a Bengali. I have life threat in my country. So I came Hong Kong to spae my life. My enemy are rulling Bangladesh almost 13 years. By this time they kill many opposition leaders and workers. I was one of their targeted man. I am alive because I fled Hong Kong. They are still in power. Hong Kong Immigration Director rejected my claim. Appeal Board too rejected my claim. I did not get true justice. So I came to the High Court for leave to apply for judicial review. The High Court dismissed my leave application. But the High Court failed to show any cause. So I appeal to the Court of Appeal. The Court of Appeal to dismissed my application. So I want to go to the Court of Final Appeal. I request to give me permission to go to the Court of Final Appeal. I will talk about total asylum seeker problem. So that all asylum seeker will get benefit. Please help me.” [sic]

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.

The Applicant, unrepresented, appeared in person.