RE ABDUL AZIZ

CACV 278/2018

[2019] HKCA 73

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 278 OF 2018

(ON APPEAL FROM HCAL 240/2018)

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J U D G M E N T

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Hon Barma JA (giving the Judgment of the Court):

1.  On 18 October 2018, this court (Yeung VP and Barma JA) handed down a judgment dismissing the applicant’s appeal against the decision of Deputy High Court Judge Josiah Lam (“the judge”) on 22 June 2018 refusing leave to the applicant to apply for judicial review. The applicant had sought to review the decision of the Torture Claims Appeal Board (“the Board”) dismissing his appeal from the decisions of the Director of Immigration rejecting his non‑refoulement claim.

2.  The facts and issues in the appeal, as well as the court’s reasons for dismissing it, are set out in our judgment.[1]  We will not repeat them here.

3.  The applicant subsequently applied, by a notice of motion dated 25 October 2018, for leave to appeal to the Court of Final Appeal.  The applicant stated in his notice of motion that:

“ I would like to inform civil court and Immigration and Torture Claims Appeal Board. There is some error in law in my decision. Decision maker just relied on COI information and my previous facts which were favour on reject my claims actual life occur different situation then mentioned COI information officer and courts prefer to ignore the overwhelming of the evidence of the violence towards minorities searching for unrealistic silver lining. The decision is betray a bias and formula approach unlikely fairly assess the danger of my life and clearly calculate to reject my claim”

4.  In compliance with the directions of the court, the applicant lodged a written submission in support of his application on 8 November 2018.  In his written submission, the applicant explained why it is unsafe for him to return to Pakistan.

5.  Having considered the applicant’s notice of motion and written submission we see no reason to depart from the usual practice of determining an application of this kind on papers.  We have, therefore, determined the applicant’s application on the basis of his notice of motion and written submission.

6.  The matters stated by the applicant in his notice of motion and written submission do not constitute grounds for granting leave to appeal to the Court of Final Appeal.  The applicant has failed to identify any question of great general or public importance for the Court of Final Appeal to determine, as required by section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance, Cap 484.  Nor is any such question apparent to us from the matters he has raised in his notice of motion and his written submission.  These matters do not identify any error in our judgment dated 18 October 2018, they are thus not viable grounds for seeking leave to appeal to the Court of Final Appeal.  They are clearly not reasonably arguable before the Court of Final Appeal.

7.  We also do not see any basis for granting leave on the “otherwise” limb under section 22(1)(b).

8.  For these reasons, the notice of motion dated 25 October 2018 is dismissed.