MOHAMMED HAF v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

CACV 444/2019

[2020] HKCA 647

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 444 OF 2019

(ON APPEAL FROM HCAL NO 1678 OF 2018)

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BETWEEN

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J U D G M E N T

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

1.  This court (Hon Yuen JA and Lisa Wong J) handed down judgment on 28 May 2020 ([2020] HKCA 369) dismissing the applicant’s appeal from an order of DHCJ Woodcock given on 20 September 2019 refusing his application for leave to apply for judicial review concerning his non-refoulement claim. The facts and issues in the appeal before the Court of Appeal, as well as the court’s reasons for dismissing it, are set out in our judgment and will not be repeated here.

2.  The applicant subsequently applied, by a Notice of Motion on 1 June 2020, for leave to appeal to the Court of Final Appeal.

3.  On 2 June 2020, the Registrar of Civil Appeals directed that the applicant shall lodge his written submissions on or before 15 June 2020, and the Notice of Motion shall be determined on paper only without an oral hearing.  The applicant did not file written submissions.  We agree it is appropriate to determine this application on paper. 

4.  The applicant only stated the following in his Notice of Motion:

“Respectfully, before upon reading the order by the Honourable Justice that my appeal for leave to apply for judicial review be refused and it is ordered that this appeal be dismissed. I would like to appeal on Your Honour’s Court again that I cannot go back in my country because my life is in danger in my country. So it is my kindly request to the Court to please accept my appeal again and allow me to stay in Hong Kong. According to the situation of my country, nowadays the problem is also increase. So again I request to the Court to please accept my appeal.”

5.  Section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance (Cap. 484) provides that leave to appeal to the Court of Final Appeal may be granted at the discretion of the Court of Appeal or the Court of Final Appeal if the question involves great general or public importance or otherwise ought to be determined by the Court of Final Appeal. 

6.  No question of great general or public importance has been identified in the Notice of Motion.

7.  Nor do we see any basis for granting leave on the “or otherwise” limb under section 22(1)(b). 

8.  By reason of the above, the Notice of Motion dated 1 June 2020 is dismissed.