SAEED NADEEM v. TORTURE CLAIMS APPEAL BOARD

CACV 342/2023, [2024] HKCA 1051

On appeal from [2023] HKCFI 2721

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 342 OF 2023

(ON APPEAL FROM HCAL NO 721 OF 2017)

________________________

________________________

________________________

J U D G M E N T

________________________

Hon Kwan VP (giving the Judgment of the Court):

1.  This is an application for leave to appeal to the Court of Final Appeal against the judgment of the Court of Appeal handed down on 8 February 2024 ([2024] HKCA 152). The Court of Appeal dismissed the applicant’s appeal against the decision of Fung J dated 18 October 2023 refusing to grant leave for the applicant to bring judicial review against the decision of the Torture Claims Appeal Board concerning his non‑refoulement claim.

2.  Pursuant to paragraph 3 of Practice Direction 2.1, the Registrar of Civil Appeals had directed that the applicant shall lodge written submissions on or before 23 February 2024. It was further directed that the notice of motion shall be determined on paper only without an oral hearing upon compliance with the said direction or the expiry of the time for complying with the direction. The applicant has not lodged any written submissions by the prescribed deadline. Having considered the papers of this case, we think it is appropriate to determine this application on paper and proceed to do so.

Analysis and Disposition

3.  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.

4.  In the notice of motion filed on 9 February 2024, the applicant only stated that he wants to go to the Court of Final Appeal as he did not get justice from the High Court and the Court of Appeal, without putting forward any specific grounds of appeal. He failed to identify any particular mistakes in the Court of Appeal’s decision or 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).

5.  Therefore, we refuse to grant leave to appeal to the Court of Final Appeal and dismiss the notice of motion filed on 9 February 2024.