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Re Kashif Muhammad

Judgment Cited authorities 4 Cited in Precedent Map Related
Vincent
Judgment Date05 May 2021
Neutral Citation[2021] HKCA 621
Year2021
Judgement NumberCACV188/2020
Subject MatterCivil Appeal
CourtCourt of Appeal (Hong Kong)
CACV188A/2020 RE KASHIF MUHAMMAD

CACV 188/2020

[2021] HKCA 621

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 188 OF 2020

(ON APPEAL FROM HCAL NO 1400 OF 2018)

___________________________

RE: KASHIF MUHAMMAD Applicant

___________________________

Before: Hon Kwan VP, Toh and G Lam JJ in Court

Date of Written Submissions: 17 March 2021

Date of Judgment: 5 May 2021

________________

J U D G M E N T

________________

Hon Toh J (giving the Judgment of the Court):

BACKGROUND

1. This is the applicant’s application for leave to appeal out of time to the Court of Final Appeal against the judgment of the Court of Appeal (Kwan VP, Toh and G Lam JJ) handed down on 12 January 2021 ([2021] HKCA 47) rejecting the appeal against the decision of Deputy High Court Judge K W Lung dismissing his application for leave to apply for judicial review concerning his non-refoulement claim[1].

2. Pursuant to paragraph 3 of Practice Direction 2.1, the Registrar directed on 4 March 2021 that the Notice of Motion shall be determined on paper only without an oral hearing. The applicant lodged his written submissions on 17 March 2021. Having considered the Notice of Motion and the written submission, it is appropriate for the Court of Appeal to determine this application on paper.

3. The applicant is a national of Pakistan who is 32 years old[2]. His non-refoulement claim was made on the basis that he would be harmed or killed by two groups of men if he is repatriated to Pakistan as he had witnessed a murder resulting from a fight between them.

4. His non-refoulement claim was rejected by the Director of Immigration (“the Director”) on 22 August 2017. His appeal against the Director’s decision was dismissed by the Torture Claims Appeal Board (“the Board”) on 9 July 2018.

5. He filed a Form 86 on 16 July 2018 to seek leave to apply for judicial review against the decisions of the Director and the Board. His application was refused by DHCJ K W Lung on 3 June 2020.

6. On 15 June 2020, the applicant filed a notice of appeal against the decision of DHCJ K W Lung. His appeal was heard by the Court of Appeal on 5 January 2021. It was dismissed by the Court of Appeal on 12 January 2021. The applicant filed a Notice of Motion on 3 March 2021 for leave to appeal out of time to the Court of Final Appeal.

GROUNDS OF APPEAL

7. The applicant stated the following as his grounds of appeal in the Notice of Motion:

“I would like to infomr [sic] the Honourable Court that there is some error in law in my decision. Decision maker just relied on COL [sic] Information and my previous facts which were in favor while rejecting my claim. Acual [sic] life occur different situation then what is mentioned in COL [sic] Information. The Officer and cours [sic] prefers to ignore the overwheming [sic] of the evidence of this violence towards minorities searching for unrealistic silver lining. The Decision is betrary [sic] a bias and formula approach unlikely fairly access the danger of my life and clearly not reasonable.”

8. His further submissions in writing may be summarized as follows:

(1) High standards...

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