DINH KHAC PHI v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

CAMP 112/2022

[2022] HKCA 1375

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO 112 OF 2022

(ON AN INTENDED APPEAL FROM HCAL NO 893 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 3 August 2022, this Court gave its judgment (“the CA Judgment”) dismissing the Applicant’s application for leave to appeal against the order of Deputy High Court Judge K W Lung dated 21 January 2022 refusing to grant to the Applicant an extension of time to appeal against the Judge’s earlier order dated 17 November 2021, whereby the Judge refused to grant him leave to apply for judicial review.

2.  The Applicant now applies by Notice of Motion dated 12 August 2022 for leave to appeal the CA Judgment to the Court of Final Appeal. In the Notice of Motion, the Applicant states, inter alia, that:

(1)  It is unsatisfactory that the Court of Appeal ruled that he had no chance of success in reviewing the decision of the Torture Claims Appeal Board and the decision of the Director of Immigration.

(2)  If he returns to Vietnam, his life will be seriously threatened, and he will be tortured, beaten or even killed, because creditors and gangsters there are different from those in Hong Kong. Most of them are cruel and violent. They disregard law, and are willing to kill people to satisfy their anger and ferocity.

(3)  Although the Director suggests that he could move to live in another location in Vietnam, that is completely unfeasible for various reasons.

(4)  The Immigration Department did not consider his human rights under various instruments, including the Basic Law and the ICCPR.

3.  The Applicant has failed to lodge written submissions in support of his application, contrary to the directions given by the Registrar of Civil Appeals dated 12 August 2022.

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. The complaints raised in the Notice of Motion are bare assertions and have no substance. 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.