ASHFAQ MUHAMMAD v. TORTURE CLAIMS APPEAL BOARD/ NON REFOULEMENT CLAIMS PETITION OFFICE

CACV 462/2018

[2019] HKCA 286

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 462 OF 2018

(ON APPEAL FROM HCAL NO 790 OF 2017)

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J U D G M E N T

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

1.  By a judgment dated 18 January 2019 ([2019] HKCA 13), this Court (Hon Yeung Acting CJHC and Poon JA) dismissed the applicant’s appeal against the decision of Campbell-Moffat J dated 5 September 2018 refusing to grant leave to him to apply for judicial review.  The intended judicial review was against the decisions of the Director dated 17 June 2016 and 18 May 2017.  The applicant now seeks leave to appeal to the Court of Final Appeal.

2.  The facts and issues in the appeal, as well as the Court’s reasons for dismissing it, are set out in the judgment.  We will not repeat them here.

3.  By a notice of motion dated 23 January 2019, the applicant applied for leave to appeal against our judgment to the Court of Final Appeal.

4.  In the Notice of Motion, the applicant set out the following grounds :

“ I am not satisfied with the decision because I am seeking protection in Hong Kong due to danger to my life in my own country. I can’t go back to my country at this moment, please help me to stay in Hong Kong until my problem will be solved. I hope you will give your kind attention over my application.”

5.  In compliance with the direction given by Master Au-Yeung on 24 January 2019, the applicant lodged his written submission on 4 February 2019.  In his written submission, the applicant reiterated that it would not be safe for him to return to his home country.  He said that his enemies are strong and can locate him no matter where he goes in the country, and he is helpless and cannot protect himself. 

6.  We have duly considered the applicant’s notice of motion and his written submission.  Pursuant to paragraph 3 of Practice Direction 2.1, this application is processed on papers without any oral hearing.

7.  Under section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance, Cap 484, leave to appeal to the Court of Final Appeal may be granted if 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.  For the reasons that we gave in our judgment of 18 January 2019, we did not see any prospect of success in the applicant’s intended appeal against the Judge’s order.  None of the questions raised by the applicant in the notice of motion or in his written submission involve any question of great general or public importance such that it ought to be submitted to the Court of Final Appeal for decision.  The statutory criteria for granting leave to appeal to the Court of Final Appeal under section 22(1)(b) of the Court of Final Appeal Ordinance (Cap. 484) are not met.

8.  Accordingly, we refuse to give the applicant leave to appeal to the Court of Final Appeal and dismiss his notice of motion.