ALAMO MICHAEL MANUEL v. TORTURE CLAIMS APPEAL BOARD/ NON-REFOULEMENT CLAIMS PETITION OFFICE

CACV 220/2022

[2022] HKCA 1524

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 220 OF 2022

(ON APPEAL FROM HCAL 661 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 20 September 2022, this Court gave its judgment (“the CA Judgment”) dismissing the Applicant’s appeal against the order of Deputy High Court Judge K W Lung dated 24 May 2022 refusing to grant him leave to apply for judicial review of the decisions of the Torture Claims Appeal Board/Non-refoulement Claims Petition Office dated 19 January 2017 and 22 February 2019, whereby the Board dismissed the Applicant’s appeals against the decisions of the Director of Immigration dated 1 April 2015 and 7 April 2017 respectively.

2.  The Applicant now applies by Notice of Motion dated 20 September 2022 for leave to appeal the CA Judgment to the Court of Final Appeal. In the Notice of Motion, the Applicant merely states that he wants to challenge the decision.

3.  In his written submissions dated 5 October 2022, he repeats the factual background of his non-refoulement claim, but fails to identify any proposed ground of appeal against 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.