|
CACV 361/2021
[2022] HKCA 85
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
CIVIL APPEAL NO 361 OF 2021
(ON APPEAL FROM HCAL 2718 OF 2018)
________________________
| BETWEEN |
|
|
| |
SULTAN SABIR |
Applicant |
| |
and |
|
| |
TORTURE CLAIMS APPEAL BOARD/
NON-REFOULEMENT CLAIMS PETITION OFFICE |
Putative
Respondent |
| |
and |
|
| |
DIRECTOR OF IMMIGRATION |
Putative
Interested Party |
________________________
Before: Hon Chow JA and ST Poon J in Court
Date of Judgment: 24 January 2022
________________________
JUDGMENT
________________________
Hon Chow JA (giving the Judgment of the Court):
1. On 1 November 2021, this Court gave its judgment (“the CA Judgment”) dismissing the Applicant’s appeal against the order of Deputy High Court Judge To dated 19 July 2021 refusing to grant leave to the Applicant to apply for judicial review of the decision of the Non-refoulement Claims Petition Office/Torture Claims Appeal Board dated 16 November 2018.
2. The Applicant now applies by Notice of Motion dated 22 December 2021 for leave to appeal the CA Judgment to the Court of Final Appeal. In the Notice of Motion, the following is stated:
“The Director of Immigration rejected my non refoulement claim. The Adjudicator of Torture Claim Appeal Board too rejected my claim. The High Court and the Court of Appeal refused my leave to apply for judicial review. I want to go to the Court of Final Appeal.”
3. 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.
4. 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.
5. Accordingly, the application for leave to appeal is refused and the Notice of Motion is dismissed.
(Anderson Chow)
Justice of Appeal |
(ST Poon)
Judge of the Court of
First Instance |
The Applicant, unrepresented, appeared in person
|