Habeebulla Faiz v. Torture Claims Appeal Board/ Non-refoulement Claims Petition Office

CACV 275/2022

[2023] HKCA 3

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 275 OF 2022

(ON APPEAL FROM HCAL NO 1112 OF 2019)

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Before:  Hon Chow JA and K Yeung J in Court

Date of Judgment:  9 January 2023

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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 14 November 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 7 July 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 dated 15 April 2019, whereby the Board dismissed the Applicant’s appeal against the decision of the Director of Immigration dated 9 August 2018.

2.By Notice of Motion dated 2 December 2022, the Applicant applies for leave to appeal the CA Judgment to the Court of Final Appeal. In the Notice of Motion, the Applicant states as follows:

“With due respect I let you know that I am not happy and I don’t accept the decision of the Court. The decision of the Notice of Appeal make me irritation in my life. This decision make me liable to remove from Hong Kong to the risk country in my home country. The decision maker did not consider and did not scrutinize my Notice of Appeal properly. If I return back to my home country I will be killed by my enemy, because my enemy is still looking for me, but the Torture Claims Appeal Board and the Director of Immigration did not scrutinize my claim properly.”

3.The Applicant has failed to lodge written submissions in accordance with the directions of the Registrar of Civil Appeals given on 2 December 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 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