BUI THANH TAM v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

CAMP 218 /2023, [2024] HKCA 1073

On appeal from [2022] HKCFI 3073

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO 218 OF 2023

(ON AN INTENDED APPEAL FROM HCAL NO 707 OF 2019)

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J U D G M E N T

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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 31 January 2024 ([2024] HKCA 128). The Court of Appeal refused to extend time to appeal against the decision of Deputy High Court Judge K W Lung dated 5 October 2022 dismissing the application for leave to seek judicial review against the decision of the Torture Claims Appeal Board concerning the applicant’s 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 20 February 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 did not lodge 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.

3.  The applicant is a national of Vietnam.  He entered Hong Kong illegally on 16 November 2014.  He lodged a non-refoulement claim on 26 November 2014 on the basis that he would be harmed or killed by his creditor if he returns to Vietnam.

4.  The applicant stated his grounds of appeal in the notice of motion filed on 6 February 2024, they are substantially the same as the intended grounds of appeal he raised in his previous application with the Court of Appeal.

Analysis and Disposition

5.  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, 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.

6.  This court has duly considered and rejected the applicant’s grounds of appeal in the judgment given on 31 January 2024.  The applicant has not identified any mistakes in our judgment nor has he raised 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).

7.  Therefore, we refuse to grant leave to appeal to the Court of Final Appeal and dismiss the notice of motion filed on 6 February 2024.