Vi Thi Hien v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office

CACV 176 /2024, [2025] HKCA 713

On appeal from [2024] HKCFI 1131

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 176 OF 2024

(ON APPEAL FROM HCAL NO 2222 OF 2023)

________________________

________________________

____________________

J U D G M E N T

____________________

Hon Kwan VP (giving the Judgment of the Court):

1.This is the applicant’s Notice of Motion for leave to appeal to the Court of Final Appeal against the judgment of the Court of Appeal handed down on 20 November 2024 ([2024] HKCA 1080). The Court of Appeal rejected the appeal against the decision of Deputy High Court Judge To dated 23 April 2024 refusing to grant extension of time for the applicant to apply for leave to seek judicial review against the decision of the Torture Claims Appeal Board (“the Board”) concerning her non-refoulement claim.

2.Pursuant to paragraph 3 of Practice Direction 2.1, the Registrar of Civil Appeals had directed that the applicant shall lodge written submissions on or before 9 December 2024.  It was further directed that the Notice of Motion shall be determined on paper only without an oral hearing upon compliance with the said direction or the expiry of the time for complying with the direction.  The applicant has not lodged any written submissions by the prescribed deadline.  Having considered the papers of this case, we think it is appropriate to determine this application on paper and proceed to do so.

Grounds of appeal

3.In her Notice of Motion, the applicant stated that it is unsatisfactory for the Court of Appeal to rule that she had no chance of success in reviewing the decision of the Board, and reiterated the grounds she raised in her appeal.

Analysis and disposition

4.Section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance (Cap 484) provides that an appeal shall lie to the Court of Final Appeal at the discretion of the Court of Appeal or the Court of Final Appeal, from any judgment of the Court of Appeal in any civil cause or matter, whether final or interlocutory, 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.The applicant did not provide any basis in support of her contention that our decision is unsatisfactory.  The rest of her grounds have already been dealt with in our judgment of 20 November 2024.  The applicant failed to identify any particular mistakes in our judgment.  She also failed to identify any question of great general or public importance which ought to be submitted to the Court of Final Appeal for determination in accordance with section 22(1)(b).  There is also no basis for granting leave on the ‘or otherwise’ limb under section 22(1)(b).

6.For the above reasons, we dismiss the Notice of Motion filed on 25 November 2024.