SHAKH MD RASEL v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

CACV 446/2024, [2025] HKCA 312

On Appeal From [2024] HKCFI 2748

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 446 OF 2024

(ON APPEAL FROM HCAL NO 2050 OF 2019)

________________________

________________________

_______________

J U D G M E N T

_______________

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

1.  On 21 October 2024, Deputy High Court Judge K W Lung made an order refusing to grant to the Applicant leave to apply for judicial review. The intended judicial review was against the decision of the Torture Claims Appeal Board/Non-refoulement Claims Petition Office dated 12 July 2019, whereby the Board dismissed the Applicant’s appeal against the decision of the Director of Immigration dated 21 January 2019 rejecting his non-refoulement claim.

2.  On 13 February 2025, this Court gave its judgment (“the CA Judgment”) dismissing the Applicant’s appeal against the Order of the Judge. The basic facts of this case and the Court’s reasons for dismissing the Applicant’s appeal have been set out in the CA Judgment and will not be repeated here.

3.  By Notice of Motion dated 25 February 2025, the Applicant applies for leave to appeal the CA Judgment to the Court of Final Appeal. In the Notice of Motion, the Applicant alleges generally that there is some error of law in the decision. He complains that the decision maker just relied on COI which was different from real life situation. He also complains that the decision fails to fairly assess the danger to his life in his home country, and is not reasonable.

4.  The Applicant has failed to file written submissions in support of the present application contrary to the directions given by the Registrar of Civil Appeals dated 25 February 2025.

5.  Pursuant to paragraph 3 of Practice Direction 2.1, we determine the present application for leave to appeal on paper without an oral hearing.

6.  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.

7.  No question of great general or public importance involved in the intended appeal is identified in the Notice of Motion. We are unable to see any such question being involved in the intended appeal. The Applicant has not identified any error in the CA Judgment, or raised any viable ground of appeal against the CA Judgment. We are satisfied that the intended appeal has no reasonable prospect of success.

8.  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.

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