ALIM MD ABDUL v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

CACV 589/2021

[2022] HKCA 1680

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 589 OF 2021

(ON APPEAL FROM HCAL NO 2747 OF 2018)

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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 24 June 2022 ([2022] HKCA 879). The Court of Appeal rejected his appeal against the decision of Deputy High Court Judge K W Lung dated 16 December 2021 ([2021] HKCFI 3775) refusing to grant leave for the applicant to apply for judicial review concerning his non-refoulement claim.

2.  Pursuant to paragraph 3 of Practice Direction 2.1, the Registrar of Civil Appeals had directed on 24 June 2022 that the Notice of Motion shall be determined on paper without an oral hearing. The applicant lodged his written submissions on 8 July 2022. Having considered his written submissions and the papers, we think it is appropriate to determine this application on paper and proceed to do so.

3.  The applicant is a national of Bangladesh. He entered Hong Kong illegally and was arrested by the police on 14 February 2016. He raised his non-refoulement claim on 5 March 2016 on the basis that he would be ill-treated or killed by members of the Awami League because he belonged to the Jamate-Islam Party or the Bangladesh Nationalist Party and refused to pay extortion money to them.

Grounds of appeal

4.  The applicant stated in the Notice of Motion filed on 24 June 2022 that he was not totally satisfied with the court’s decision and wanted to go to the Court of Final Appeal.

5.  In his written submissions, he reiterated the problems he faced in his home country and submitted that he did not get justice in the courts so he wished he would get justice in the Court of Final Appeal.

Analysis and disposition

6.  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.

7.  The applicant’s grounds and submissions in the present application are just bare assertions without particulars or evidence in support. In particular, he has not pointed out any error of the Court of Appeal’s decision in dismissing his appeal. Besides, 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).

8.  For the above reasons, we refuse to grant leave to appeal to the Court of Final Appeal and dismiss the Notice of Motion filed on 24 June 2022.