SUSIANA AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

CAMP 190/2023, [2025] HKCA 682

On appeal from [2023] HKCFI 379

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO 190 OF 2023

(ON AN INTENDED APPEAL FROM HCAL NO 2357 OF 2018)

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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 applicants’ Notice of Motion for leave to appeal to the Court of Final Appeal against the judgment of the Court of Appeal handed down on 8 November 2024 ([2024] HKCA 1042). The Court of Appeal refused to grant extension of time to appeal against the decision of Deputy High Court Judge To dated 10 February 2023 dismissing the application for leave to seek judicial review against the decision of the Torture Claims Appeal Board concerning the applicants’ non-refoulement claims.

2.  Pursuant to paragraph 3 of Practice Direction 2.1, the Registrar of Civil Appeals had directed that the Notice of Motion shall be determined on paper without an oral hearing. The applicants lodged their written submissions on 20 December 2024. Having considered the written submissions and the papers, we think it is appropriate to determine this application on paper and proceed to do so.

Analysis and disposition

3.  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.

4.  In the present application, the applicants submitted that they did not get justice and want to go to the Court of Final Appeal. They failed to identify any particular mistakes in our decision, nor did they 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).

5.  For the above reasons, we dismiss the Notice of Motion filed on 29 November 2024.