HOSSAIN MOHAMMAD ALAMGIR v. TOTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

CAMP 201/2020

[2021] HKCA 1014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO 201 OF 2020

(ON AN INTENDED APPEAL FROM HCAL NO 1554 OF 2018)

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J U D G M E N T

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Hon Kwan VP (giving the Judgment of the Court):

1.  This is the applicant’s Notice of Motion for leave to appeal to the Court of Final Appeal against the judgment of the Court of Appeal (Kwan VP and Chu JA) handed down on 5 May 2021 ([2021] HKCA 627). The Court of Appeal dismissed his application for extension of time to appeal against the decision of Campbell‑Moffat J dated 23 June 2020 ([2020] HKCFI 1329) refusing to grant leave to apply for judicial review concerning his non-refoulement claim.

2.  Pursuant to paragraph 3 of Practice Direction 2.1, the Registrar of Civil Appeals had directed on 1 June 2021 that the applicant should lodge written submissions in support of his Notice of Motion on or before 11 June 2021 and that the Notice of Motion shall be determined on paper only without an oral hearing upon compliance with the direction or the expiry of the time for the compliance of the direction.  The applicant did not lodge any written submission as directed.  As the time for compliance with the said directions has expired, and, having considered the papers, we think it is appropriate to determine this application on paper and proceed to do so.

3.  The applicant is a national of Bangladesh.  He entered Hong Kong illegally on 14 February 2016 and was arrested by the police on the same day. He raised a non-refoulement claim on 5 March 2016 on the basis that he is in fear of being harmed by a group of Awami League leaders because he is a supporter of the Bangladesh Nationalist Party.

4.  He took out a summons in the court below to seek an extension of time to appeal against the decision of the judge.  His application was late by 24 days.  It was refused by the judge on 28 September 2020^[1].

5.  The applicant renewed his application to the Court of Appeal on 30 October 2020.  The application was dismissed by the Court of Appeal on 5 May 2021 because there is no prospect of success in the intended appeal.

Grounds of Appeal

6.  In the Notice of Motion filed on 28 May 2021, the applicant only stated that the total process is not good and that he wants to go to the Court of Final Appeal, without stating any particular grounds of appeal.

Analysis and disposition

7.  Section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance (Cap 484) 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.

8.  In the present application, the applicant has not put forward any reasonably arguable ground to demonstrate that the Court of Appeal was wrong in rejecting his application.  Moreover, he has failed to identify any question of great general or public importance which ought to be submitted to the Court of Final Appeal for determination in accordance with section 22(1)(b).  There is also no basis for granting leave on the ‘or otherwise’ limb under section 22(1)(b).

9.  For the above reasons, we refuse to grant leave to appeal to the Court of Final Appeal and dismiss that Notice of Motion filed on 28 May 2021.

[1] [2020] HKCFI 2544