JAGSIR SINGH v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER

CAMP 256/2021

[2022] HKCA 15

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO. 256 OF 2021

(ON AN INTENDED APPEAL FROM HCAL NO. 687 OF 2018)

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JUDGMENT

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Hon Chow JA (giving the Judgment of the Court):

1.  On 8 November 2021, this Court gave its judgment (“the CA Judgment”) dismissing the Applicant’s application for an extension of time to appeal against the order of Deputy High Court Judge Bruno Chan dated 26 March 2021 refusing to grant him leave to apply for judicial review of the decision of the Director of Immigration dated 5 January 2017 and the decision of the Non-refoulement Claims Petition Office / Torture Claims Appeal Board dated 12 April 2018.

2.  The Applicant now applies by Notice of Motion dated 29 November 2021 for leave to appeal the CA Judgment to the Court of Final Appeal.  In the Notice of Motion, the following is stated:

“… I am late for apply due to lack of knowledge and insufficient sources. Please accept my filling application so that I can process my case further. I hope I will get your favour.”

3.  In his written submissions dated 7 December 2021, the Applicant repeats his claim for non-refoulement protection.

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, inter alia, the Court of Appeal in any civil cause or matter if, in the opinion of the Court of Appeal 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.  There is also no basis to grant leave to appeal on the “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.