MALIK KAMRAN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

CAMP 486/2022, [2023] HKCA 1167

On appeal from [2022] HKCFI 1824

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO 486 OF 2022

(ON AN INTENDED APPEAL FROM HCAL NO 1237 OF 2020)

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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 handed down on 12 April 2023 ([2023] HKCA 518). The Court of Appeal refused to grant extension of time to appeal against the decision of Deputy High Court Judge K W Lung dated 28 June 2022 dismissing the application for leave to seek judicial review against the decision of the Torture Claims Appeal Board concerning the applicant’s non-refoulement claim.

2.  Pursuant to paragraph 3 of Practice Direction 2.1, the Registrar of Civil Appeals had directed that the Notice of Motion shall be determined on paper without an oral hearing. The applicant lodged his written submissions nearly 4 weeks late on 25 May 2023. 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 Pakistan. He came to Hong Kong as a visitor on 25 March 2003 and subsequently overstayed. He was arrested by the police on 26 June 2007 and was referred to the Immigration Department on 28 June 2007. He lodged a torture claim on 14 July 2007 which was rejected by the Director of Immigration on 16 September 2011 and his appeal was dismissed on 24 October 2011. By written representations dated 11 April 2014 and 2 May 2014, he claimed non-refoulement protection on the basis that, if refouled, he would be killed by Sheikh Anwar Saeed and his networks in the Pakistan People’s Party because of his affiliation with the Pakistan Muslim League (Nawaz).

4.  He took out a summons in the court below to seek an extension of time to appeal against the decision of the judge. It was refused by the judge on 17 November 2022[1].

5.  On 22 November 2022, the applicant filed a renewed application for extension of time to appeal with the Court of Appeal. The application was dismissed by the Court of Appeal on 12 April 2023 as the applicant failed to show any prospect of success in his intended appeal.

Grounds of appeal

6.  In the Notice of Motion filed on 13 April 2023, the applicant only stated that he did not get justice so he wants to go to the Court of Final Appeal to get justice.

7.  In his written submissions, he reiterated the procedural history of his claim and the problems he faced in his home country. He further submitted that he wants to go to the Court of Final Appeal to speak for the interests of all asylum seekers.

Analysis and disposition

8.  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.

9.  In the present application, the applicant did not identify any particular mistakes or procedural unfairness in the judgment of the Court of Appeal, nor did he identify 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).

10.  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 13 April 2023.