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CACV 596/2025, [2026] HKCA1289
On Appeal From [2025] HKCFI 2994
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
CIVIL APPEAL NO.596 OF 2025
(ON APPEAL FROM HCAL NO. 3127 OF 2019)
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BETWEEN
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FELIX KINGSLEY CHISOM |
Applicant |
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and |
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TORTURE CLAIMS APPEAL BOARD /NON-REFOULEMENT CLAIMS PETITION OFFICE |
Putative Respondent |
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and |
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DIRECTOR OF IMMIGRATION |
Putative Interested Party |
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| Before: |
Hon Anthony Chan JA and Wilson Chan J in Court
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| Date of Written Submissions: |
17 March 2026 |
| Date of Judgment: |
29 July 2026 |
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JUDGMENT
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Hon Anthony Chan JA (giving the Judgment of the Court) :
1. By a Judgment dated 10 March 2026, this Court dismissed the
Applicant’s appeal against the order of Deputy High Court Judge K.W. Lung dated 30 July 2025 refusing
him leave to apply for judicial review in respect of his non-refoulement claims.
2. By a Notice of Motion filed on 10 March 2026, the Applicant
applies for leave to appeal to the Court of Final Appeal (“CFA”) under section 22(1) of the Hong Kong
Court of Final Appeal Ordinance, Cap 484[1], on
the ground that :
“I would Like to inform to [CFA]. There were same Error in Law Maker authorities. They were
totally Relied on same web news which officially not Recognized. I don’t Think my case determined Fairly.”
3. In his 7-page written submissions, the Applicant repeats the
basis of his non-refoulement claim. The Applicant further says that he disagrees with the decisions of the
Director and the Board, and makes general allegations of procedural unfairness and unreasonableness against
those decisions.
4. The Notice of Motion does not meet the statutory threshold
for leave to be granted because it fails to (a) state any error in the Judgment of this Court; (b) raise any
viable ground of appeal that is reasonably arguable; or (c) identify any question of great general or public
importance involved in the intended appeal. Further, there is no basis to grant leave to appeal on the
“or otherwise” limb.
5. In the premises, we refuse to grant leave and dismiss the
Notice of Motion with no order as to costs.
( Anthony Chan )
Justice of Appeal |
( Wilson Chan )
Judge of the Court of First Instance |
The Applicant acting in person
[1] Section 22(1)(b) of the Hong Kong Court
of Final Appeal Ordinance provides that an appeal shall lie to the CFA at the discretion of the Court of Appeal
or the CFA in any civil cause or matter if, in the opinion of the Court of Appeal or the CFA, 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 CFA for decision.
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