MD BATEN v. TORTURE CLAIMS APPEAL BOARD/ NON-REFOULEMENT CLAIMS PETITION OFFICE

CACV 389/2018

[2019] HKCA 382

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 389 OF 2018

(ON APPEAL FROM HCAL 730/2017)

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J U D G M E N T

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

1.  By the judgment dated 20 December 2018 (published as [2018] HKCA 989), this Court (Lam VP, Fung and L Chan JJ) dismissed the applicant’s appeal from the decision of Deputy High Court Judge Woodcock dated 8 August 2018 (published as [2018] HKCFI 1743) refusing leave to apply for judicial review.

2.  In his notice of motion dated 28 December 2018, the applicant sought leave of appeal to the Court of Final Appeal against that judgment.

3.  The applicant lodged his written submissions on 11 January 2019.  In it, the applicant submitted that the adjudicator acted in a procedurally unfair manner in dealing with his application and that a decision of an administrative body could be set aside on the basis of irrationality.  The applicant also referred to s 37ZT of the Immigration Ordinance (Cap 115), which concerns the late filing of notice of appeal for the Torture Claims Appeal Board. 

4.  None of the arguments advanced by the applicant engage the Court’s reasons for dismissal of his appeal. 

5.  We cannot discern any relevance of s 37ZT in this application. 

6.  The applicant did not raise any question of great general or public importance that merits the consideration of the Court of Final Appeal.  Nor do we see any reason to grant leave on the “or otherwise” limb.  The statutory criterion for granting leave to appeal to the Court of Final Appeal is therefore not met: section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance (Cap 484).

7.  Accordingly, we dismiss the application for leave to appeal to the Court of Final Appeal.