Ramos Ivy Vanessa Mariquit v. Torture Claims Appeal Board

CACV 375/2022

[2023] HKCA 252

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 375 OF 2022

(ON APPEAL FROM HCAL NO 580 OF 2019)

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JUDGMENT

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

1.On 14 December 2022, this Court gave its judgment (“the CA Judgment”) dismissing the Applicant’s appeal against the order of Deputy High Court Judge Bruno Chan dated 31 August 2022 refusing the Applicant’s application for leave to apply for judicial review of the decision of the Torture Claims Appeal Board/Non-refoulement Claims Petition Office dated 1 February 2019, whereby the Board dismissed the Applicant’s appeal against the decision of the Director of Immigration dated 20 July 2018.

2.By Notice of Motion dated 6 February 2023, 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:

“… I am late for apply due to lack of knowledge and insufficient sources. Please accept my filling application so that I can process my case further. I hope I will get your favour.”

3.In her written submissions dated 13 February 2023, the Applicant repeats her claim for non-refoulement protection, and makes various allegations about the situation in her home country.  She also alleges that “many things which are related with my case are ignored by them which show [that] all decision wasn’t apparent”.  The Applicant has not identified 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