RE HOSAIN SAIDUL

CACV 446/2019

[2022] HKCA 216

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 446 OF 2019

(ON APPEAL FROM HCAL 2462/2018)

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J U D G M E N T

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Hon Lisa Wong J (giving the Judgment of the Court):

Application

1.  Before the court is an application for leave to appeal to the Court of Final Appeal (“CFA”) against this court’s judgment dated 28 May 2020 ([2020] HKCA 374) (“Judgment”), dismissing the applicant’s appeal from the decision of Deputy High Court Judge K W Lung dated 19 September 2019 ([2019] HKCFI 2258) refusing him leave to apply for judicial review of the decision dated 18 October 2018 of the Torture Claims Appeal Board (“Board”) concerning his non-refoulement claim (“NRF Claim”).

Paper disposal appropriate

2.  Pursuant to the direction of the Registrar of Civil Appeals (“Registrar”), unless this court otherwise directs, the notice of motion shall be determined on paper without an oral hearing. Having considered the material available to us, we agree with the Registrar that a paper disposal is appropriate in this case.

Statutory threshold for leave to appeal to the CFA

3.  Under s 22(1)(b) of the Court of Final Appeal Ordinance (Cap 484), an appeal shall lie to the CFA at the discretion of the Court of Appeal (“CA”) or the CFA from any civil judgment of the CA if 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 CFA for decision.

Applicant’s contentions in support of leave to appeal to CFA

4.  By the notice of motion filed on 19 June 2020, it was suggested that we had not shown any good cause for dismissing the applicant’s appeal from the refusal of leave to apply for judicial review.

5.  On 2 July 2020, the applicant lodged written submission that read as follows (sic):

“I am a boy from Bangladesh. My name is Hosain Saidul. My mother language is Bengali. In Bangladesh I have political problem. I am a young boy. Young are always fight for the right of countr and general people. I see current ruling party Awami League’s leader and worker did many bad worke to the people. Before join any party I protest to them. For my help I join an opposition party. The government target me to kill. Police and other law inforcing agency want to cross fire me. To save my life I came Hong Kong. But Hong Kong Director of Immigration and Adjudicator of Torture Claims Appeal Board cancel my claim. But it is impossible for me to return. So I apply for leave to appeal for judicial review, but all my application in vain. Now I want to go to the Court of Final Appeal for justice. I wish I will get fair justice from their.”

Discussion

6.  The applicant did not really engage the reasons we gave in [15] to [19] of the Judgment for dismissing his appeal.

7.  The applicant has plainly not raised any issue for determination by the CFA, whether of great, general or public importance or otherwise. As noted in [15] of the Judgment, the Board dismissed the applicant’s appeal against the rejection of the NRF Claim entirely on the facts, finding that the alleged events upon which the NRF Claim was premised did not occur.

8.  Nor do we see any scope to grant leave under the “or otherwise” limb, given that the applicant had utterly failed to advance any basis that might challenge the Board’s adverse findings of fact.

9.  As neither of the statutory criteria under s 22(1)(b) for leave to appeal to the CFA is met, we dismiss the notice of motion.