Cabornay Evelyn Quinawayan v. Torture Claims Appeal Board/Non-refoulement Claims Petition Office

CACV 285/2022

[2023] HKCA 125

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 285 OF 2022

(ON APPEAL FROM HCAL NO 685 OF 2019)

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BETWEEN

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Before:  Hon Chow JA and K Yeung J in Court

Date of Written Submissions:  22 December 2022

Date of Judgment:  1 February 2023

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J U D G M E N T

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Hon K Yeung J (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 made by Deputy High Court Judge KW Lung on 21 July 2022 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 4 March 2019.

2.The Applicant now applies by Notice of Motion dated 8 December 2022 for leave to appeal the CA Judgment to the Court of Final Appeal.  In the Notice of Motion, the following is stated [sic]:

“Respectfully upon reading the Order by the Honourable Justice that my appeal be dismissed. I would like to appeal on Your Honour’s Court again that I don’t want to return back to my Country because my Life is still in Danger in my Country. I will face hardship if I return back. Various Human rights Organization has complied reports on the matter which stated testament with the applicant’s assertion. Further, the Judge had failed to attain the high standard of Fairness required by the Wednesbury test in the Decision.

I respectfully asks the Court to grant me Leave to apply for Judicial review. Indeed, the right to life is protected under Article 28 of the Basic Law and Articles 2 of the Hong Kong Bills of Rights”.

3.In her written submissions of 22 December 2022, the Applicant only recites certain authorities and makes some generic and non-specific submissions on the general legal principles applicable to non-refoulement claims.  She has failed to deal with the facts, and has failed to identify any error or question of law.

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 or written submissions.  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, acting in person.