CACV 311/2021
[2021] HKCA 1695
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
CIVIL APPEAL NO 311 OF 2021
(ON APPEAL FROM HCAL NO 2623 OF 2018)
________________________
BETWEEN
MANUEL RAFAEL JR KALAW,
Applicant
and
TORTURE CLAIMS APPEAL BOARD /
NON-REFOULEMENT CLAIMS PETITION OFFICE
Putative
and
DIRECTOR OF IMMIGRATION
Putative
_____________________
Before: Hon G Lam and Chow JJA in Court
Date of Written Submissions: 4 November 2021
Date of Judgment: 18 November 2021
_____________________
JUDGMENT
_____________________
Hon Chow JA (giving the Judgment of the Court):
1. On 12 October 2021, this Court gave its judgment (“the CA Judgment ”) dismissing the Applicant’s appeal against the decision of Deputy High Court Judge K W Lung dated 3 June 2021 refusing to grant to the Applicant leave to apply for judicial review of the decision of the Torture Claims Appeal Board / Non-refoulement Claims Petition Office dated 30 October 2018.
2. The Applicant now applies by Notice of Motion dated 25 October 2021 for leave to appeal the CA Judgment to the Court of Final Appeal. In the Notice of Motion, the Applicant states that he disagrees with the CA Judgment, and repeats his claim for non-refoulement protection. He alleges that the Director, the Board and the Judge have failed to apply the law, giving rise to procedural unfairness, irrationality and miscarriage of justice. He also complains about the absence of a hearing before the Judge and lack of legal assistance.
3. 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.
4. 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. 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.
5. Accordingly, the application for leave to appeal is refused and the Notice of Motion is dismissed.
(Godfrey Lam)
(Anderson Chow)
Justice of Appeal
Justice of Appeal
The applicant, acting in person