BHAGAT VISHAL v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

CAMP 21/2022

[2022] HKCA 1554

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO 21 OF 2022

(ON AN INTENDED APPEAL FROM HCAL NO 1998 OF 2018)

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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 26 July 2022, this Court gave its judgment (“the CA Judgment”) dismissing the Applicant’s application for “leave to appeal” against the order of Deputy High Court Judge K W Lung dated 11 January 2022 refusing to grant to the Applicant an extension of time to appeal against an earlier order of the Judge dated 3 December 2021, whereby the Judge refused to grant him leave to apply for judicial review. The intended judicial review was against the decision of the Torture Claims Appeal Board/Non-refoulement Claims Petition Office dated 23 August 2018, whereby the Board dismissed the Applicant’s appeal against the decision of the Director of Immigration dated 13 April 2018 rejecting his non-refoulement claim.

2.  The Applicant now applies by Notice of Motion dated 13 September 2022 for leave to appeal the CA Judgment to the Court of Final Appeal. In the Notice of Motion, the Applicant states as follows:

“I would like to inform to Court of Final Appeal. There are error in law in my decision maker and court as well. The authorities has significantly relied on the source of news which is not officially recognised or it is simply hearsay. They have also relied on some case which are fairly outdated considering the dramatic changes. The lack of groundless speculations that it is safe for me. Its toward to my life in danger in India.”

3.  The Applicant has failed to lodge written submissions in support of his application contrary to the directions given by the Registrar of Civil Appeals on 13 September 2022.

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 the Court of Appeal or the Court of Final Appeal in any civil cause or matter 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.

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. We are satisfied that the intended appeal has no merits and no reasonable prospect of success. There is also no basis to grant leave to appeal on the “or 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.