Virender Singh v. Torture Claims Appeal Board/ Non Refoulement Claims Petition Office

CACV 174/2022

[2022] HKCA 1373

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 174 OF 2022

(ON APPEAL FROM HCAL NO 926 OF 2019)

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Before:  Hon Yuen and Chow JJA in Court

Date of Written Submissions:  22 August 2022

Date of Judgment:  26 September 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):

INTRODUCTION

1.On 4 August 2022, this Court gave its judgment (“the CA Judgment”) dismissing the Applicant’s appeal against the order of Deputy High Court Judge K W Lung dated 25 April 2022 refusing to grant leave to the Applicant to apply for judicial review of the decision of the Torture Claims Appeal Board/Non-refoulement Claims Petition Office (“the Board”) dated 25 March 2019, whereby the Board dismissed the Applicant’s appeal against the decision of the Director of Immigration dated 15 February 2018.

2.The Applicant now applies by Notice of Motion dated 15 August 2022 for leave to appeal the CA Judgment to the Court of Final Appeal. In the Notice of Motion, the Applicant states the following:

“… I have problem in own country please give me some time to stay here so that I can solve my problem. At this moment I cannot go back to my home country because danger still there for me. Please allow me to process further my case. I will be great full your kindness.”

3.In the written submissions of the Applicant dated 22 August 2022, he repeats the factual basis of his non-refoulement claim, and makes some general allegations against the police and other “law making authorities” in his home country. He also states that he is not satisfied with the decision given by the Board. He has, however, failed to identify any alleged error in the CA Judgment.

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 Appeal or the Court of Final Appeal in any civil cause or matter if, in the opinion of the Court of Appeal or the Court of Final 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