HASSAN ZAIB v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

CAMP 403/2022, [2023] HKCA 1076

On appeal from [2022] HKCFI 693

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO 403 OF 2022

(ON AN INTENDED APPEAL FROM HCAL NO 556 OF 2019)

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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 15 March 2023 ([2023] HKCA 351). The Court of Appeal refused to grant extension of time to appeal against the decision of Deputy High Court Judge To dated 25 March 2022 dismissing the application for leave to seek judicial review against the decision of the Torture Claims Appeal 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 Notice of Motion shall be determined on paper without an oral hearing. The applicant lodged his written submissions on 14 April 2023. 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 Pakistan. He entered Hong Kong illegally on 22 October 2014 and was arrested on 4 November 2014. On 7 November 2014, he made a non-refoulement claim on the basis that he would be harmed or killed due to religious conflicts.

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 5 August 2022[1].

5.  On 3 October 2022, the applicant filed a renewed application for extension of time to appeal with the Court of Appeal. The application was dismissed by the Court of Appeal on 15 March 2023 as he failed to show any prospect of success in his intended appeal.

Grounds of appeal

6.  In the Notice of Motion filed on 31 March 2023, the applicant stated that all the judgments are not good for him so he wants to go to the Court of Final Appeal.

7.  In his written submissions, he reiterated that he received threat to his life in Pakistan and faced big problem from his family and everywhere of the society as he has become a Shia Muslim.

Analysis and disposition

8.  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.

9.  The applicant’s grounds and submissions are lacking in particulars and not supported by evidence. He has not demonstrated that the Court of Appeal’s decision was wrong. 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).

10.  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 31 March 2023.