RE KACHCHA KADUGE VICTOR FERNANDO

CACV 89/2025, [2025] HKCA 1039

On appeal from [2025] HKCFI 681

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 89 OF 2025

(ON APPEAL FROM HCAL NO. 2409 OF 2019)

________________________

________________________

________________________

J U D G M E N T

________________________

Hon H. Au-Yeung J (giving the Judgment of the Court):

THE APPLICATION

1.  On 4 August 2025, this Court (Chu VP and H. Au-Yeung J)  handed down a judgment ([2025] HKCA 693)  dismissing the applicant’s appeal against the decision of Deputy High Court Judge Levy given on 14 February 2025 refusing leave to the applicant to apply for judicial review.  The applicant had sought to review the decision of the Torture Claims Appeal Board dismissing his appeal from the decision of the Director of Immigration rejecting his non-refoulement claim.   

2.  By a Notice of Motion filed on 6 August 2025, the applicant applied for leave to appeal to the Court of Final Appeal by contending that:

(1)  All Authorities had disregarded his supporting documents;

(2)  If he is repatriated, his life would become “uncertain” because he still has problem in his home country. 

3.  In his written submissions dated 18 August 2025, apart from repeating his case which he had relied on before the Director, the Board as well as in the court below, he had also provided the Court with a letter allegedly written by a member of Parliament of Sri Lanka in support of his assertion that he and his family members are supporters of the United National Party.

4.  Having considered the applicant’s Notice of Motion and written submissions, we see no reason to depart from the usual practice of determining an application of this kind on the papers.  We have, therefore, determined the applicant’s application on the basis of the documents filed.

DISCUSSION

5.  Section 22(1)(b)  of the Hong Kong Court of Final Appeal Ordinance (Cap 484, Laws of Hong Kong)  (“the Ordinance”)  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.

6.  In the present application, the applicant has simply failed to identify any question of great general or public importance for the Court of Final Appeal to determine.  Nor is any such question apparent to us from the matters which he has raised.  Neither could he identify any error in our Judgment. 

7.  We also see no basis for granting leave on the “otherwise” limb under section 22(1)(b)  of the Ordinance.

DISPOSITION

8.  For the above reasons, the matters advanced by the applicant do not constitute valid grounds for granting leave to appeal to the Court of Final Appeal. 

9.  The Notice of Motion filed on 6 August 2025 is therefore dismissed.