PURNA BAHADUR GURUNG v. TORTURE CLAIMS APPEAL BOARD/ NON-REFOULEMENT CLAIMS PETITON OFFICE

CACV 241/2021

[2021] HKCA 1606

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 241 OF 2021

(ON APPEAL FROM HCAL NO 2764 OF 2018)

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JUDGMENT

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

1.  On 20 September 2021, this Court gave its judgment (“the CA Judgment”) dismissing the Applicant’s appeal against the decision of Deputy High Court Judge To dated 30 April 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 30 November 2018.

2.  The Applicant now applies by Notice of Motion dated 8 October 2021 for leave to appeal the CA Judgment to the Court of Final Appeal.  In the Notice of Motion, the following is stated:

“The High Court dismissed my leave to apply for judicial review. I was not satisfied. I appeal to the Court of Appeal. The Court of Appeal too dismissed my application. I want to go to the Court of Final Appeal.”

3.  Under s 22(1)(b) of the Hong Kong Court of Final 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 Ordinance.

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