SUMI TAHERA AKHTER v. TORTURE CLAIMS APPEAL BOARD

CAMP 319/2022, [2023] HKCA 791

On appeal from [2022] HKCFI 586

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO 319 OF 2022

(ON AN INTENDED APPEAL FROM HCAL NO 2329 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 18 January 2023 ([2023] HKCA 76). The Court of Appeal refused to grant extension of time to appeal against the decision of Deputy High Court Judge Bruno Chan dated 25 February 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 on 8 March 2023 that the applicant shall lodge written submissions on or before 22 March 2023. It was further directed that the Notice of Motion shall be determined on paper only without an oral hearing upon compliance with the said direction or the expiry of the time for complying with the direction. The applicant did not lodge any written submissions by the prescribed deadline. Having considered the papers of this case, we think it is appropriate to determine this application on paper and proceed to do so.

3.  The applicant is a national of Bangladesh. She entered Hong Kong to work as a foreign domestic helper in June 2016 and her employment was prematurely terminated on 26 August 2016. The applicant overstayed and was subsequently arrested on 10 May 2017. She then lodged a non-refoulement claim on 26 May 2017 on the basis that she would be harmed or killed by her husband for leaving him if she is returned to Bangladesh.

4.  She took out a summons in the court below to seek an extension of time to appeal against the decision of the judge. It was refused by the judge on 6 July 2022[1].

5.  On 29 August 2022, the applicant filed a renewed application for extension of time to appeal. The application was dismissed by the Court of Appeal on 18 January 2023 as the applicant failed to show any prospect of success in her intended appeal.

Grounds of appeal

6.  In the Notice of Motion filed on 8 March 2023, the applicant stated that all the judgments are not good for her so she wants to go to the Court of Final Appeal.

Analysis and disposition

7.  Under section 24(2) of the Hong Kong Court of Final Appeal Ordinance (Cap 484) (“the Ordinance”), application for leave to appeal to the Court of Final Appeal shall be filed within 28 days from the date of the judgment to be appealed from. Good grounds have to be shown by the applicant for the court to grant an extension of time pursuant to section 24(5) of the Ordinance (Re Rajaram Razeena [2019] HKCA 959 at §1.4).

8.  Section 22(1)(b) of the 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.

9.  The applicant was late for three weeks in filing the Notice of Motion and did not provide any explanation for the delay. There is no good ground for the court to grant an extension of time for her to file the Notice of Motion.

10.  In any event, she does not have any viable ground of appeal against the decision of the Court of Appeal. She has not pointed out any error of the Court of Appeal in refusing to grant extension of time to appeal, nor has she identified 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).

11.  For the above reasons, we refuse to grant leave to appeal to the Court of Final Appeal and dismiss the Notice of Motion filed on 8 March 2023.