JAWAD MUHAMMAD v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

CAMP 63/2022

[2023] HKCA 164

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO 63 OF 2022

(ON AN INTENDED APPEAL FROM HCAL NO 1944 OF 2018)

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J U D G M E N T

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Hon Kwan VP (handing down 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 (Kwan VP and Cheung JA) handed down on 29 July 2022 ([2022] HKCA 1104). The Court of Appeal refused to grant extension of time to appeal against the decision of Deputy High Court Judge K W Lung dated 15 December 2021 refusing to grant leave to seek judicial review against the decision of the Torture Claims Appeal Board (“the Board”) concerning his non-refoulement claim[1].

2.  Pursuant to paragraph 3 of Practice Direction 2.1, the Registrar of Civil Appeals had directed on 3 August 2022 that the applicant shall lodge written submissions on or before 17 August 2022. 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 did not lodge any written submissions by the prescribed deadline. Having considered the papers of this case, we think it is appropriate to determine this application on paper and proceed to do so.

3.  The applicant is a national of Pakistan. He entered Hong Kong illegally on 12 May 2016 and was arrested by the police on the same day. On 16 May 2016, he lodged a non-refoulement claim. His claim was made on the basis that he would be harmed or killed by members of the Pakistan Muslim League (N) and is worried he would be arrested by the police in Pakistan for murder.

4.  He took out a summons in the court below to seek an extension of time to appeal against the decision of the judge. It was refused by the judge on 8 February 2022[2].

5.  On 21 February 2022, the applicant filed a renewed application for extension of time to appeal. The application was dismissed by the Court of Appeal on 29 July 2022 as the applicant failed to show any prospect of success in his intended appeal.

Grounds of appeal

6.  The applicant filed a Notice of Motion on 3 August 2022 to seek leave to appeal to the Court of Final Appeal but he did not provide any specific ground of appeal.

Analysis and disposition

7.  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.

8.  As the applicant did not give any grounds of appeal, nor did he lodge any written submissions in support of his application, he 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).

9.  For these reasons, we refuse to give leave to appeal to the Court of Final Appeal and dismiss the Notice of Motion filed on 3 August 2022.