RAGHUVEER CHAND v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

CAMP 423/2021

[2022] HKCA 1194

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO 423 OF 2021

(ON AN INTENDED APPEAL FROM HCAL NO 204 OF 2019)

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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 applicant’s Notice of Motion for leave to appeal to the Court of Final Appeal against the judgment of the Court of Appeal (Kwan VP and Chow JA)  handed down on 22 April 2022 ([2022] HKCA 513). The Court of Appeal dismissed his application for extension of time to appeal against the decision of Deputy High Court Judge CP Pang dated 14 September 2020 ([2020] HKCFI 2298)  refusing to grant leave to apply for judicial review against the decision of the Torture Claims Appeal Board (“the Board”)  concerning his non-refoulement claim.

2.  Pursuant to paragraph 3 of Practice Direction 2.1, the Registrar of Civil Appeals had directed on 4 May 2022 that the notice of motion shall be determined on paper only without an oral hearing.  The applicant lodged his written submissions on 10 May 2022.  Having considered his written submissions and the papers, we think it is appropriate to determine this application on paper and proceed to do so.

3.  The applicant is a national of India.  He came to Hong Kong as a visitor on 1 September 2014.  He subsequently overstayed and surrendered to the Immigration Department on 28 October 2014.  He lodged his non-refoulement claim form on 10 August 2017 on the basis that he would be harmed or killed by the family of his girlfriend.

4.  He took out a summons in the court below to seek an extension of time to appeal against the decision of the judge.  His application was late for about 8 days.  It was refused by DHCJ Bruno Chan on 10 August 2021[1].

5.  The applicant renewed his application to the Court of Appeal on 4 October 2021.  The application was dismissed on 22 April 2022 because there is no prospect of success in the intended appeal.

Grounds of appeal

6.  The applicant stated his grounds of appeal in his written submissions which may be summarised as follows:

(1)  His life was not safe in his own country.  His life will become worse if he returns to his country at this moment.

(2)  He is not satisfied with the decision of the Board.  Many things related to his case were ignored in the decision which shows that the decision was not transparent.

(3)  The situation in his country is much different from what they think.  It is hard to live and stand in front of his enemies.

(4)  It is very difficult to get justice in that corrupt environment.

Analysis and disposition

7.  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.

8.  The applicant’s grounds in the present application are substantially similar to those raised in his previous application before the Court of Appeal.  The Court of Appeal has sufficiently dealt with his grounds and given reasons for rejecting them.  He failed to demonstrate that the Court of Appeal was wrong in dismissing his application. Besides, he has not identified 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).

9.  For the above reasons, we refuse to grant leave to appeal to the Court of Final Appeal and dismiss the Notice of Motion filed on 4 May 2022.