DIGMA ARLENE BAYING v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

CACV 241/2023, [2023] HKCA 1258

On Appeal From [2023] HKCFI 1877

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 241 OF 2023

(ON APPEAL FROM HCAL NO 983 OF 2019)

________________________

_____________________

____________________

JUDGMENT

____________________

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

1.  On 27 July 2023, Deputy High Court Judge K W Lung made an order refusing to grant the Applicant leave to apply for judicial review. The intended judicial review was against the decision of the Torture Claims Appeal Board/Non-refoulement Claims Petition Office dated 4 April 2019, whereby the Board dismissed the Applicant’s appeal against the decision of the Director of Immigration dated 21 March 2018 rejecting her non-refoulement claim.

2.  On 10 October 2023, this Court gave its judgment (“the CA Judgment”) dismissing the Applicant’s appeal against the Judge’s order of 27 July 2023.  The basic facts of this case and the Court’s reasons for dismissing the Applicant’s appeal have been set out in the CA Judgment and will not be repeated here.

3.  By Notice of Motion dated 18 October 2023, the Applicant applies for leave to appeal the CA Judgment to the Court of Final Appeal.  In the Notice of Motion, the Applicant repeats her allegation that she will be in grave danger if she returns to the Philippines, and says that relocation is out of the question for her.

4.  Her written submissions dated 25 October 2023 lodged in support of the present application are materially the same as her previous written submissions dated 13 August 2023 lodged in support of her appeal.

5.  Pursuant to paragraph 3 of Practice Direction 2.1, we determine the present application for leave to appeal on paper without an oral hearing.

6.  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.

7.  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.  The Applicant has not identified any error in the CA Judgment, or raised any viable ground of appeal against the CA Judgment.  We are satisfied that the intended appeal has no merits and no reasonable prospect of success.

8.  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.

9.  Accordingly, the application for leave to appeal is refused and the Notice of Motion is dismissed.