RE NAZRUL ISLAM

CACV 511/2024, [2026] HKCA 1191

On appeal from [2024] HKCFI 2880

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 511 OF 2024

(ON APPEAL FROM HCAL 2146/2019)

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J U D G M E N T

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The Court:

1.  On 4 June 2025, this court (Barma JA and Lisa Wong J) handed down a judgment dismissing the applicant’s appeal against the decision of Deputy High Court Judge KW Lung (“the Judge”) given on 15 November 2024 refusing to grant leave for the applicant to apply for judicial review.  The applicant had sought to review the decision of the Torture Claims Appeal Board dismissing his appeal against the decision of the Director of Immigration rejecting his non‑refoulement claim.

2.  The facts and issues in the applicant’s appeal, as well as the court’s reasons for dismissing it, are set out in our judgment.[1]  We will not repeat them here.  

3.  The applicant subsequently applied, by a Notice of Motion filed on 12 June 2025, for leave to appeal to the Court of Final Appeal.  In the Notice of Motion, the applicant contended, without elaboration or particulars, inter alia that this court “did not consider [his appeal] properly”.  He repeated that if he were refouled, he would be killed by his enemies.  

4.  In his written submissions lodged on 24 June 2025, the applicant repeated the dangers he allegedly faced should he be refouled.  He also set out his complaints against the Judge (as opposed to this court), such as the Judge’s apparent error for “not having applied the principle of procedural unfairness”.  In the final paragraphs of his submissions, the applicant asked this court to “scrutinise [his] claim and save [his] life” and to grant him leave to appeal.

5.  Having considered the applicant’s Notice of Motion and written submissions, we see no reason to depart from the usual practice of determining an application of this kind on the papers.  We have, therefore, determined the applicant’s application on the basis of the documents filed.

6.  The matters stated by the applicant do not constitute grounds for granting leave to appeal to the Court of Final Appeal. The applicant has failed to identify any question of great general or public importance for the Court of Final Appeal to determine, as required by section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance, Cap 484.  Nor is any such question apparent to us from the matters he has raised.

7.  The Notice of Motion does not identify any supposed error in our judgment and it raises no ground that is reasonably arguable before the Court of Final Appeal.

8.  We also do not see any basis for granting leave on the “otherwise” limb under section 22(1)(b).

9.  For these reasons, the Notice of Motion dated 12 June 2025 is dismissed.