KHAN MUHAMMAD SUFIAN v. TORTURE CLAIMS APPEAL BOARD/NON-REFOULEMENT CLAIMS PETITION OFFICE AND ANOTHER

CAMP 376/2022

[2023] HKCA 279

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO 376 OF 2022

(ON AN INTENDED APPEAL FROM HCAL NO 450 OF 2019)

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J U D G M E N T

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

1.  On 19 December 2022, this Court gave its judgment (“the CA Judgment”) dismissing the Applicant’s application for an extension time to appeal against the order of Deputy High Court Judge To dated 27 April 2022 refusing to grant him leave to apply for judicial review. The intended judicial review was against (i) the decision of the Director of Immigration dated 19 March 2018 rejecting the Applicant’s non-refoulement claim, and (ii) the decision of the Torture Claims Appeal Board/Non-refoulement Claims Petition Office dated 13 February 2019 dismissing his appeal against the Director’s decision.

2.  By Notice of Motion dated 10 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 the following:

“Director of Immigration and Torture Claims Appeal Board dismissed my non-refoulement claim. The High Court and the Court of Appeal dismissed my leave to apply for judicial review. All this judgments are not good for me. I want to go to C.F.A.” [sic]

3.  In his written submissions dated 24 February 2023, the Applicant makes some general observations regarding the current situation in Pakistan, and repeats the factual basis of his non-refoulement claim. He has, however, failed to point to 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.