KHAN BABAR v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

CACV 513/2021

[2023] HKCA 303

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 513 OF 2021

(ON APPEAL FROM HCAL NO 266 OF 2019)

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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 2 March 2022, the Court of Appeal (Chow JA and Lisa Wong J) gave its judgment (“the CA Judgment”) dismissing the Applicant’s appeal against the order of Deputy High Court Judge Suffiad dated 11 November 2021 refusing to grant leave to the Applicant to apply for judicial review. The intended judicial review was against the decision of the Torture Claims Appeal Board dated 16 January 2019, whereby the Board dismissed the Applicant’s appeal against the decision of the Director of Immigration dated 11 September 2017 rejecting his non-refoulement claim.

2.  By Notice of Motion dated 22 April 2022, the Applicant applies for leave to appeal the CA Judgment to the Court of Final Appeal. In the Notice of Motion, the Applicant complains about procedural unfairness, alleging that he did not have any knowledge about the judicial review system in Hong Kong and he did not get any translation from friends and NGOs. He also complains about the Board’s finding that he could relocate within Pakistan, which he says is not possible. Pausing here, it may be noted that the Applicant’s complaint about the lack of legal or language assistance is a new complaint which was not raised in his original appeal to the Court of Appeal, while the issue of internal relocation is a matter primarily within the province of the Board.

3.  In his written submissions dated 6 May 2022, the Applicant sets out some general principles of law relating to non-refoulement claims, but fails to explain how those principles are relevant or applicable to his case. The Applicant also fails to identify any alleged error in the CA Judgment.

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. 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.