CAMP 288/2021
A A
[2022] HKCA 42
B B
IN THE HIGH COURT OF THE
C HONG KONG SPECIAL ADMINISTRATIVE REGION C
COURT OF APPEAL
D MISCELLANEOUS PROCEEDINGS NO. 288 OF 2021 D
(ON AN INTENDED APPEAL FROM HCAL NO. 380 OF 2019)
E E
F F
BETWEEN
G G
CHINNASAMY KARTHIK Applicant
H H
and
I TORTURE CLAIMS APPEAL BOARD/ Putative I
NON-REFOULEMENT CLAIMS PETITION OFFICE Respondent
J J
and
K K
DIRECTOR OF IMMIGRATION Putative
L Interested Party L
M M
Before: Hon G Lam and Chow JJA in Court
N N
Date of Written Submission: 31 December 2021
Date of Judgment: 12 January 2022
O O
P P
JUDGMENT
Q Q
R Hon Chow JA (giving the Judgment of the Court): R
S S
1. On 8 November 2021, this Court gave its judgment
T (“the CA Judgment”) dismissing the Applicant’s application for an T
extension of time to appeal against the order of Deputy High Court Judge
U U
V V
- 2 -
A A
K W Lung dated 14 April 2021 dismissing the Applicant’s application for
B B
leave to apply for judicial review of the decision of the Non-refoulement
C Claims Petition Office / Torture Claims Appeal Board dated 1 February C
2019.
D D
E 2. The Applicant now applies by Notice of Motion dated E
17 December 2021 for leave to appeal the CA Judgment to the Court of
F F
Final Appeal. In the Notice of Motion, the following is stated:
G G
“I applied non-refoulement claims in Hong Kong immigration.
Director of Immigration and the Adjudicator of Torture Claim
H Appeal Board dismissed my leave to apply for judicial review. H
I want to appeal to the Court of Final Appeal.”
I I
3. In his written submissions dated 31 December 2021, the
J J
Applicant repeats the background of his application for judicial review,
K but fails to state any grounds of his intended appeal against the K
CA Judgment.
L L
M 4. Under s 22(1)(b) of the Hong Kong Court of Final Appeal M
Ordinance, Cap 484, an appeal shall lie to the Court of Final Appeal at the
N N
discretion of, inter alia, the Court of Appeal in any civil cause or matter if,
O in the opinion of the Court of Appeal the question involved in the appeal O
is one which, by reason of its great general or public importance, or
P P
otherwise, ought to be submitted to the Court of Final Appeal for
Q decision. Q
R R
5. No question of great general or public importance involved
S in the proposed appeal is identified in the Notice of Motion. We are S
unable to see any such question being involved in the proposed appeal.
T T
U U
V V
- 3 -
A A
There is also no basis to grant leave to appeal on the “otherwise” limb in
B B
s 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance.
C C
6. Accordingly, the application for leave to appeal is refused
D D
and the Notice of Motion is dismissed.
E E
F F
G G
(Godfrey Lam) (Anderson Chow)
Justice of Appeal Justice of Appeal
H H
I I
The Applicant, unrepresented, acted in person
J J
K K
L L
M M
N N
O O
P P
Q Q
R R
S S
T T
U U
V V
CAMP 288/2021
A A
[2022] HKCA 42
B B
IN THE HIGH COURT OF THE
C HONG KONG SPECIAL ADMINISTRATIVE REGION C
COURT OF APPEAL
D MISCELLANEOUS PROCEEDINGS NO. 288 OF 2021 D
(ON AN INTENDED APPEAL FROM HCAL NO. 380 OF 2019)
E E
F F
BETWEEN
G G
CHINNASAMY KARTHIK Applicant
H H
and
I TORTURE CLAIMS APPEAL BOARD/ Putative I
NON-REFOULEMENT CLAIMS PETITION OFFICE Respondent
J J
and
K K
DIRECTOR OF IMMIGRATION Putative
L Interested Party L
M M
Before: Hon G Lam and Chow JJA in Court
N N
Date of Written Submission: 31 December 2021
Date of Judgment: 12 January 2022
O O
P P
JUDGMENT
Q Q
R Hon Chow JA (giving the Judgment of the Court): R
S S
1. On 8 November 2021, this Court gave its judgment
T (“the CA Judgment”) dismissing the Applicant’s application for an T
extension of time to appeal against the order of Deputy High Court Judge
U U
V V
- 2 -
A A
K W Lung dated 14 April 2021 dismissing the Applicant’s application for
B B
leave to apply for judicial review of the decision of the Non-refoulement
C Claims Petition Office / Torture Claims Appeal Board dated 1 February C
2019.
D D
E 2. The Applicant now applies by Notice of Motion dated E
17 December 2021 for leave to appeal the CA Judgment to the Court of
F F
Final Appeal. In the Notice of Motion, the following is stated:
G G
“I applied non-refoulement claims in Hong Kong immigration.
Director of Immigration and the Adjudicator of Torture Claim
H Appeal Board dismissed my leave to apply for judicial review. H
I want to appeal to the Court of Final Appeal.”
I I
3. In his written submissions dated 31 December 2021, the
J J
Applicant repeats the background of his application for judicial review,
K but fails to state any grounds of his intended appeal against the K
CA Judgment.
L L
M 4. Under s 22(1)(b) of the Hong Kong Court of Final Appeal M
Ordinance, Cap 484, an appeal shall lie to the Court of Final Appeal at the
N N
discretion of, inter alia, the Court of Appeal in any civil cause or matter if,
O in the opinion of the Court of Appeal the question involved in the appeal O
is one which, by reason of its great general or public importance, or
P P
otherwise, ought to be submitted to the Court of Final Appeal for
Q decision. Q
R R
5. No question of great general or public importance involved
S in the proposed appeal is identified in the Notice of Motion. We are S
unable to see any such question being involved in the proposed appeal.
T T
U U
V V
- 3 -
A A
There is also no basis to grant leave to appeal on the “otherwise” limb in
B B
s 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance.
C C
6. Accordingly, the application for leave to appeal is refused
D D
and the Notice of Motion is dismissed.
E E
F F
G G
(Godfrey Lam) (Anderson Chow)
Justice of Appeal Justice of Appeal
H H
I I
The Applicant, unrepresented, acted in person
J J
K K
L L
M M
N N
O O
P P
Q Q
R R
S S
T T
U U
V V