BRAR JASPREET SINGH v. TORTURE CLAIMS APPEAL BOARD

CACV 371/2021

[2022] HKCA 61

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 371 OF 2021

(ON APPEAL FROM HCAL NO 322 OF 2021)

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J U D G M E N T

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

1.  On 13 October 2021, this Court gave its judgment (“the CA Judgment”)  dismissing the Applicant’s appeal against the order of Deputy High Court Bruno Chan dated 23 July 2021 striking out his application for leave to apply for judicial review of the decision of the Non-refoulement Claims Petition Office/Torture Claims Appeal Board dated 3 February 2015 on the ground of abuse of process.

2.  The Applicant now applies by Notice of Motion dated 7 December 2021 for leave to appeal the CA Judgment to the Court of Final Appeal.  In the Notice of Motion, the following is stated:

“… I am late for apply due to lack of knowledge and insufficient sources. Please accept my filling application so that I can process my case further. I hope I will get your favour.”

3.  In his written submissions dated 14 December 2021, the Applicant repeats his non-refoulement claim, but has not raised any ground of his intended appeal against the CA Judgment.

4.  Under s 22(1)(b)  of the Hong Kong Court of Final Appeal 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.

5.  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 Appeal Ordinance.

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