SUKHPAL SINGH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

CACV 23/2024, [2025] HKCA 684

On appeal from [2024] HKCFI 30

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 23 OF 2024

(ON APPEAL FROM HCAL NO 1919 OF 2023)

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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 8 November 2024 ([2024] HKCA 1043). The Court of Appeal rejected the appeal against the decision of Deputy High Court Judge K W Lung dated 9 January 2024 dismissing the application for leave to seek judicial review against the decision of the Torture Claims Appeal Board (“the 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 that the applicant shall lodge written submissions on or before 29 November 2024. 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 has not lodged any written submissions by the prescribed deadline but he had stated his grounds and submissions in his Notice of Motion.

3.  On 25 November 2024, the applicant wrote to the court to request for an oral hearing but did not provide any reasons for his request. Having considered the papers of this case, we think it is appropriate to determine this application on paper and proceed to do so.

Analysis and disposition

4.  Section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance (Cap 484) 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.

5.  The applicant stated his grounds in his Notice of Motion which may be summarised as follows:

(1)  The Director of Immigration (“the Director”), the Board and the judges failed to take into account the applicant’s arguments before reaching the decisions. He has not presented all the necessary documents and evidence at the hearing;

(2)  The situation of his country is much different from what was set out in the judgments;

(3)  The decision mentioned that the extent of the applicant’s injuries had not attained a minimum level of severity. His hand was broken in 3 places and he was not able to get the medical certificate because he absconded from the place of attack. It was the duty of the Director to check the applicant’s body with all the necessary diagnoses;

(4)  When the applicant’s enemy knew he had been on the run, they were hunting him down;

(5)  Although some police officers were caught for the wrong doing, none of them was arrested;

(6)  The applicant was framed for a terrorist activity and he has all the supporting documents.

6.  The applicant’s grounds are just bare assertions without evidence in support. In particular, despite the assertion that he now has all the supporting documents, he has not submitted any documentary evidence to the court to support his case nor has he applied for leave to adduce further evidence.

7.  He also failed to identify 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).

8.  For the above reasons, we dismiss the Notice of Motion filed on 15 November 2024.