NGUYEN THI DUNG v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

CAMP 375/2022

[2023] HKCA 444

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO 375 OF 2022

(ON AN INTENDED APPEAL FROM HCAL NO 1989 OF 2018)

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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 15 December 2022, this Court gave its judgment (“the CA Judgment”) dismissing the Applicant’s application for leave to appeal out of time against the order of Deputy High Court Judge K W Lung dated 20 September 2022 refusing to grant her an extension of time to appeal against the Judge’s earlier order dated 14 January 2022 refusing to grant 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 (“the Board”) dated 3 July 2018, whereby the Board dismissed the Applicant’s appeal against the decisions of the Director of Immigration (“the Director”) dated 25 August 2016 and 25 January 2017 rejecting the Applicant’s non-refoulement claim.

2.  By Notice of Motion dated 16 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 that it was unsatisfactory that the Court of Appeal ruled that she had no chance of success in reviewing the decisions of the Board and the Director. She repeats that if she returns to Vietnam, her life will be seriously threatened, and she will be tortured, beaten or even killed. She disagrees with the Director that she could relocate to live in another place in Vietnam away from her home, and alleges that the Immigration Department did not consider her human rights. The Applicant has failed to point to or identify any error in the CA Judgment.

3.  The Applicant has failed to lodge written submissions in support of her application in accordance with the directions given by the Registrar of Civil Appeals dated 16 February 2023.

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.