RAZA TAHIR v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

CAMP 75/2023, [2024] HKCA 126

On appeal from [2022] HKCFI 3099

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO 75 OF 2023

(ON AN INTENDED APPEAL FROM HCAL NO 2384 OF 2018)

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J U D G M E N T

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Hon Kwan VP (giving the Judgment of the Court):

1.  This is the applicant’s notice of motion for leave to appeal to the Court of Final Appeal against the judgment of the Court of Appeal handed down on 30 June 2023 ([2023] HKCA 793). The Court of Appeal refused to grant extension of time to appeal against the decision of Deputy High Court Judge K W Lung dated 25 October 2022 dismissing the application for leave to seek judicial review against the decision of the Torture Claims Appeal Board concerning the applicant’s non-refoulement claim.

2.  Pursuant to paragraph 3 of Practice Direction 2.1, the Registrar of Civil Appeals had directed that the notice of motion shall be determined on paper without an oral hearing. The applicant lodged his written submissions on 19 July 2023. Having considered his written submissions and the papers, we think it is appropriate to determine this application on paper and proceed to do so.

3.  The applicant is a national of Pakistan. He claimed that he sneaked into Hong Kong by boat on 3 September 2013. He was arrested by the police for illegally remaining in Hong Kong on 22 October 2013. On 5 March 2014, he lodged a non-refoulement claim on the basis that, if refouled, he would be harmed or killed by Shia Muslims because of religious dispute and by a seller of land because of a land dispute.

4.  In the notice of motion filed on 7 July 2023, the applicant stated that the Court of Appeal did not give him justice so he wants to go to the Court of Final Appeal.

5.  In his written submissions, he reiterated the problems he faced in his home country and the procedural history of his case. He further contended he would speak for the great interest of all asylum seekers.

Analysis and disposition

6.  Section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance provides that an appeal shall lie to the Court of Final Appeal at the discretion of the Court of Appeal or the Court of Final Appeal, from any judgment of the Court of Appeal in any civil cause or matter, whether final or interlocutory, if, in the opinion of the Court of Appeal or the Court of Final Appeal, as the case may be, 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.

7.  In the present application, the applicant has not identified any mistakes in the judgment of the Court of Appeal, nor has he raised any question of great general or public importance which ought to be submitted to the Court of Final Appeal for determination in accordance with section 22(1)(b). There is also no basis for granting leave on the ‘or otherwise’ limb under section 22(1)(b).

8.  We refuse to exercise our discretion to grant leave to appeal to the Court of Final Appeal and dismiss the Notice of Motion filed on 7 July 2023.