Khan Razaq v. Torture Claims Appeal Board/ Non-refoulement Claims Petition Office

CACV 347/2021

[2022] HKCA 702

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 347 OF 2021

(ON APPEAL FROM HCAL NO 2730 OF 2018)

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

Date of Written Submission:  30 December 2021

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 K.W. Lung on 30 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 27 November 2018.

2.The Applicant now applies by Notice of Motion dated 17 December 2021 for leave to appeal the CA Judgment to the Court of Final Appeal. In the Notice of Motion, the following is stated:

“I came Hong Kong and applied non refoulement claim. Director of Immigration and Adjudicator of Torture Claim Board rejected my claim, the High Court and the Court of Appeal dismissed my leave to apply judicial review. I want to go to the Court of Final Appeal.” [sic]

3.The Applicant filed his written submission on 30 December 2021. In the written submission, he stated that:

“ My name is Khan Razaq. I am from Pakistan. My mother language is Urdu. I came Hong Kong because I have life threat in Pakistan. Pakistan is a land of terrorist. From my childhood I always prtest for any problem of social unjustice. So my enemy started disturbing me from my childhood. I had no intension to leave my country. I love my country same as my mother. All my relative and my family living in Pakistan. My enemy target to kill me. So I fled for my life safety.

Director of Immigration and Adjudicator of Torture Claim Appeal Board rejected my claim. The High Court and the Court of Appeal dismissed my leave.

I wish the Court of Final Appeal will give me a good remady. Hopefully I want to go to the Court of Final Appeal.” [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.