SRINGATIN KORIN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

CACV 450/2019

[2020] HKCA 645

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 450 OF 2019

(ON APPEAL FROM HCAL NO 2589 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 and Au JJA) handed down judgment on 13 May 2020 ([2020] HKCA 299) dismissing the applicant’s appeal from an order of DHCJ K.W. Lung given on 19 September 2019 refusing her application for leave to apply for judicial review concerning her 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 21 May 2020, for leave to appeal to the Court of Final Appeal.

3.  On 25 May 2020, the Registrar of Civil Appeals directed that the applicant shall lodge her written submissions on or before 4 June 2020, and the Notice of Motion shall be determined on paper only without an oral hearing.  The applicant filed her written submissions on 2 June 2020. We agree it is appropriate to determine this application on paper.   

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

“On 13 May the Honourable Judges of the Court of Appeal dismissed my leave to apply for judicial review. I am not satisfy on this decision. I did not get the correct judgment. For my true and correct I want to go to the Court of Final Appeal. Please let me give permission to go to the Court of Final Appeal.”

5.  In her written submissions, the applicant mainly repeated her claim that her life would be in danger if she is refouled to Indonesia.  However, the applicant had advanced these arguments previously which had been duly considered by the judge and this court.  

6.  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. 

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

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

9.  By reason of the above, the Notice of Motion dated 21 May 2020 is dismissed.