Kakole v. Torture Claims Appeal Board

CACV 74/2022

[2022] HKCA 1077

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 74 OF 2022

(ON APPEAL FROM HCAL NO 780 OF 2019)

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Before:  Hon Au and Chow JJA in Court

Date of Judgment:  18 August 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 12 May 2022, this Court gave its judgment (“the CA Judgment”) dismissing the Applicant’s Notice of Appeal filed on 14 February 2022 against the order of Deputy High Court Judge Bruno Chan dated 1 June 2021 refusing to grant leave to the Applicant to apply for judicial review of the decision of the Torture Claims Appeal Board dated 15 March 2019.

2.The Applicant now applies by Notice of Motion dated 22 June 2022 for leave to appeal the CA Judgment to the Court of Final Appeal. In the Notice of Motion, the Applicant states as follows:

“Director of Immigration and Torture Claim Appeal Board rejected my claim for non-refoulement. The High Court and the Court of Appeal dismissed my application for leave. I am not totally satisfied. I want to go to the Court of Final Appeal.”

3.The Applicant has not filed any submissions in support of the application for leave to appeal, contrary to the directions of the Registrar of Civil Appeals dated 22 June 2022.

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 the Court of Final Appeal or the Court of Appeal in any civil cause or matter if, in the opinion of the Court of Final Appeal or the Court of Appeal, as the case may be, 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