RE MUTHUKRISHNAN SEIVARAJAN

CACV 495/2020

[2021] HKCA 1102

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 495 OF 2020

(ON APPEAL FROM HCAL NO. 700 OF 2018)

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J U D G M E N T

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Hon Yeung VP (giving the Judgment of the Court):

1.  By a judgment dated 24 May 2021 ([2021] HKCA 670), this Court (Yeung VP and Pang JA) dismissed the applicant’s appeal against the decision of Deputy High Court Judge Bruno Chan (“the Judge”) given on 15 September 2020 in HCAL 700/2018 refusing to grant him leave to apply for judicial review. The applicant sought to review the decision of the Torture Claims Appeal Board/Non-Refoulement Claims Petition Office (“the Board”) given on 22 January 2018 in which the Board confirmed the decision of the Director of Immigration (“the Director”) given on 24 January 2017 rejecting his non-refoulement claim.

2.  By a notice of motion dated 2 June 2021, the applicant seeks leave to appeal to the Court of Final Appeal on the following grounds:

“I am not satisfied with decision because this will leave my life (illegible) make longer. I can’t go back to my country at this moment because my life is not save in my homeland in India. I just humbly request to respected court to help me to stay in Hong Kong till my problems solved in my country.”

3.  Pursuant to the directions made by the Registrar of Civil Appeals on 3 June 2021 and Practice Direction 2.1, the applicant should lodge his written submissions on or before 16 June 2021.  He failed to do so.  Non-compliance with the Directions by the applicant will be considered as an abandonment of his right to rely on written submissions.

4.  The Registrar further directed that unless the court otherwise directs, the notice of motion shall be determined on papers only.  As it is appropriate to do so, this application is processed on papers without an oral hearing.

5.  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. 

6.  The grounds of appeal set out in the notice of motion did not pinpoint any error or raise any discernible grounds to disturb our judgment and nothing set out in the notice of motion can be construed as valid ground of appeal to the Court of Final Appeal.  Accordingly, the intended appeal is unarguable and bound to fail.

7.  For the reasons that we gave in our judgment, we do not see any prospect of success in the applicant’s intended appeal against the Judge’s decision and order.  None of the questions raised by the applicant in the notice of motion involves an arguable point or a question of great general or public importance.  We do not see any basis for granting leave on the “otherwise” limb under section 22(1)(b) either.  The statutory criteria for granting leave to appeal to the Court of Final Appeal is not met.

8.  Accordingly, we refuse to give the applicant leave to appeal to the Court of Final Appeal and dismiss his notice of motion.