Basnet Sachin Bahadur v. Torture Claims Appeal Board

CACV 360/2021

[2022] HKCA 709

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 360 OF 2021

(ON APPEAL FROM HCAL NO 2719 OF 2018)

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

Date of Written Submission:  6 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 To on 19 July 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 12 November 2018.

2.The Applicant now applies by Notice of Motion dated 23 December 2021 for leave to appeal the CA Judgment to the Court of Final Appeal. In the Notice of Motion, the following is stated:

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

3.The Applicant filed his written submission on 6 January 2022. In the written submission, the Applicant stated that:

“My name is Basnet Sachin Bahadur. I am from Nepal. My mother language is Nepali. I came Hong Kong for my life. My enemy are politicaly impowered. I have very serious threat for my life. So at last I fled Hong Kong. Many of my friends are killed by my enemy. I am very lucky because if I stay Nepal I did kill by my enemy. All my problem I told to my Immigration Officer. Immigration Director rejected my claim. The Adjudicator of Torture Claim Board too dismissed my application. I was not satisfied. So I came to the High Court. The Court refused my leave to apply for judicial review. The Court of Appeal too dismissed my leave. I want to go the Court of Final Appeal. I wish the Court of Final Appeal will give me good decision. That result will help me and help all asylum seeker.” [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.