KAMAL HOSSAIN v. TORTURE CLAIMS APPEAL BOARD

CACV 310/2021

[2021] HKCA 1682

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 310 OF 2021

(ON APPEAL FROM HCAL NO 1351 OF 2018)

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JUDGMENT

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

1.  On 12 October 2021, this Court gave its judgment (“the CA Judgment”) dismissing the Applicant’s appeal against the decision of Deputy High Court Judge Bruno Chan dated 7 June 2021 refusing to grant to the Applicant leave to apply for judicial review of the decision of the Torture Claims Appeal Board / Non-refoulement Claims Petition Office dated 9 July 2018.

2.  The Applicant now applies by Notice of Motion dated 21 October 2021 for leave to appeal the CA Judgment to the Court of Final Appeal.  In the Notice of Motion and his written submissions, the Applicant repeats his claimed fear of being returned to Bangladesh and the grounds of his intended judicial review.  He also argues that this Court failed to carry out sufficient research and inquiry into relevant Country of Origin Information and failed to discharge its alleged “duty to Comprehensively consider the lawfulness or fairness of decision-making”.

3.  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.

4.  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.

5.  Accordingly, the application for leave to appeal is refused and the Notice of Motion is dismissed.