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

CAMP 74/2021

[2021] HKCA 1481

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO. 74 OF 2021

(ON AN INTENDED APPEAL FROM HCAL NO. 1544 OF 2018)

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DECISION

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Hon Chow JA (giving the decision of the Court):

1.  On 30 August 2021, this Court gave its decision (“the CA Decision”) dismissing the Applicant’s application for extension of time to appeal the decision of Deputy High Court Judge Bruno Chan dated 13 July 2020 refusing to grant to the Applicant leave to apply for judicial review of the decision of the Torture Claims Appeal Board / Non-refoulement Claims Petition Office dated 23 July 2018.

2.  The Applicant now applies by Notice of Motion dated 13 September 2021 for leave to appeal the CA Decision to the Court of Final Appeal.

3.  Under s 22(1)(b) of the Hong Kong Court of Final 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 Ordinance.

5.  Accordingly, the application for leave to appeal is refused and the Notice of Motion is dismissed.