SHOMAN ABU ZAFOR v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

CAMP 12/2025, [2025] HKCA 983

On Appeal From [2024] HKCFI 2990

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO 12 OF 2025

(ON AN INTENDED APPEAL FROM HCAL NO 777 OF 2021)

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J U D G M E N T

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Hon G Lam JA (giving the Judgment of the Court):

1.  This is an application for leave to appeal to the Court of Final Appeal (“CFA”). The applicant’s claim for non-refoulement protection in Hong Kong was rejected by the Director of Immigration and by the Torture Claims Appeal Board/Non-refoulement Claims Petition Office (“Board”). His application for leave to apply for judicial review of the Board’s decision was dismissed by the Court of First Instance. His application for extension of time to appeal against that decision was dismissed by this Court in our judgment dated 29 May 2025.

2.  By Notice of Motion filed on 9 July 2025, the applicant seeks leave to appeal against our judgment to the CFA.  In that document the applicant stated that the High Court Judge failed to appreciate or give proper weight to the presence of state acquiescence and this had led to an unfair and unjust outcome in the applicant’s application for judicial review. In the affirmation filed with the Notice of Motion, the applicant set out certain general propositions of law and principle and repeated that he would be killed upon his return to Bangladesh.

3.  There is no reason for us to depart from the usual practice of determining an application for leave to appeal on the basis of the available materials without an oral hearing, as set out in paragraph 3 of Practice Direction 2.1.

4.  We take the view that this application ought to be dismissed because the applicant has not shown that the intended appeal raises any question which, by reason of its great general or public importance, or otherwise, ought to be submitted to the CFA for decision (which is the condition for giving leave to appeal under section 22(1)(b)  of the Hong Kong Court of Final Appeal Ordinance, Cap 484), and also because he has failed to show any prospects of success in the intended appeal.  Further, the Notice of Motion was filed more than 28 days after our judgment, contrary to the requirement in section 24 of the Ordinance, and the delay has not been explained.

5.  Accordingly, the Notice of Motion is dismissed.