SOLIKHIN SUSIYANTI v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE AND ANOTHER

CACV 392/2019

[2021] HKCA 338

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 392 OF 2019

(ON APPEAL FROM HCAL NO 1801 of 2018)

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JUDGMENT

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Hon S T Poon J (giving the Judgment of the Court):

1.  On 11 December 2019, this Court (Chu JA and S T Poon J) handed down our judgment^[1] (the “Judgment”) dismissing the applicant’s appeal against the decision of Deputy High Court Judge K.W. Lung given on 16 August 2019 refusing leave to apply for judicial review. The applicant had sought judicial review of the decision of the Torture Claims Appeal Board dismissing her appeal from the decision of the Director of Immigration rejecting her non-refoulement claim.

2.  The applicant filed a Notice of Motion on 19 December 2019 for leave to appeal to the Court of Final Appeal and lodged her written submissions on 2 January 2020.

3.  Pursuant to the directions made by the Registrar of Civil Appeals on 23 December 2019, the Notice of Motion shall be determined on paper only without an oral hearing, unless the court otherwise directs.  We agree it is appropriate to determine this application on paper.

4.  In the Notice of Motion, the applicant stated as follows:

“1. Failed to consider the real fact, that my fear, for my life, for which I had seek protection in Hong Kong only one main reason that I want to live whereas it would possible to live without fear of life under threat, my life would be at danger upon refoulement.

2. Failed to consider the country conditions, where I would return, there are no safety for my life, I am hereto seeking for protection for my life, and request to consider my fact for my leave to appeal to the Court of Final Appeal.” (sic)

5.  In the written submissions the applicant repeated her skeleton submissions filed on 25 September 2019 in support of her appeal to this court.  The grounds and arguments of the applicant had already been dealt with by this court in paragraphs 10 to 15 of our Judgment. 

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 shall be granted at the discretion of the Court of Appeal or the Court of Final Appeal if the question in the appeal 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 grounds 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.  In the circumstances, we cannot find any basis for granting leave to appeal to the Court of Final Appeal.

10.  By virtue of the above, the Notice of Motion dated 19 December 2019 is dismissed.