Re Mannan Miah

CACV 282/2021

[2022] HKCA 921

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 282 OF 2021

(ON APPEAL FROM HCAL 318 OF 2017)

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Before:  Hon Barma JA and Lisa Wong J in Court

Date of Judgment: 5 July 2022

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J U D G M E N T

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

1.On 15 November 2021, this court (Barma JA and Lisa Wong J) handed down a judgment dismissing the applicant’s appeal against the decision of Lok J given on 26 May 2021 refusing leave to the applicant to apply for judicial review. The applicant had sought to review the decision of the Torture Claims Appeal Board dismissing his appeal from the decisions of the Director of Immigration rejecting his non‑refoulement claim.

2.The facts and issues in the appeal, as well as the court’s reasons for dismissing it, are set out in our judgment.[1]  We will not repeat them here.

3.The applicant applied, by a Notice of Motion filed on 15 November 2021, for leave to appeal to the Court of Final Appeal.  The applicant restated in the Notice of Motion the alleged errors on the part of the decision-makers who processed his non-refoulement claim.

4.In his written submissions lodged on 26 November 2021, the applicant referred to the well-established principles in ST v Director of Immigration (sic)[2] [2014] 4 HKLRD 277, Secretary for Security v Sakthevel Prabakar [2005] 1 HKLRD 289, R v Home Secretary, ex parte Doody [1994] 1 AC 531 and R v Home Secretary, ex parte Bugdaycay [1987] 1 AC 514.

5.Having considered the applicant’s Notice of Motion and written submissions, we see no reason to depart from the usual practice of determining an application of this kind on the papers.  We have, therefore, determined the applicant’s application on the basis of the documents filed.

6.There was no attempt by the applicant to elaborate on whether and, if so, how the trite principles referred to in his written submissions had not been applied in the consideration of his appeal by this court or in processing of his non-refoulement claim.

7.We are also of the view that the matters advanced by the applicant do not in any event constitute grounds for granting leave to appeal to the Court of Final Appeal.  The applicant has failed to identify any question of great general or public importance for the Court of Final Appeal to determine, as required by section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance, Cap 484.  Nor is any such question apparent to us from the matters he has raised.

8.Neither the Notice of Motion nor the written submissions identify any supposed error in our judgment and they raise no ground that is reasonably arguable before the Court of Final Appeal.

9.We also do not see any basis for granting leave on the “otherwise” limb under section 22(1)(b).

10.For these reasons, the Notice of Motion dated 15 November 2021 is dismissed.

The applicant acting in person