Ali Shafait v. Torture Claims Appeal Board/ Non-refoulement Claims Petition Office
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CACV 412/2025, [2026] HKCA 1695 On Appeal From [2025] HKCFI 2397 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF APPEAL CIVIL APPEAL NO. 412 OF 2025 (ON APPEAL FROM HCAL NO. 254 OF 2020) ________________________ BETWEEN
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_____________________ J U D G M E N T _____________________ The Court: 1.By a judgment dated 11 February 2026, this Court dismissed the applicant’s appeal against the order of Deputy High Court Judge Levy dated 13 June 2025, refusing him leave to apply for judicial review in respect of his non-refoulement claims. 2.By a notice of motion dated 23 February 2026, the applicant applied to us for leave to appeal to the Court of Final Appeal under section 22(1) of the Hong Kong Court of Final Appeal Ordinance (Cap 484)[1] on the ground that (sic):
3.The notice of motion does not meet the statutory threshold for leave to be granted because it fails to (a) state any error in our judgment; (b) raise any viable ground of appeal that is reasonably arguable; or (c) identify any question of great general or public importance involved in the intended appeal; and there is no basis to grant leave to appeal on the “or otherwise” limb. 4.In consequence, we refuse to grant leave and dismiss the notice of motion.
The applicant, unrepresented, acting in person [1] Section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance 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 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. |
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