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CAMP 241/2021
[2021] HKCA 1975
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
MISCELLANEOUS PROCEEDINGS NO 241 OF 2021
(ON AN INTENDED APPEAL FROM HCAL NO 2300 OF 2018)
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| RE: |
HUSSAIN IMRAN |
Applicant |
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Before: Hon G Lam and Chow JJA in Court
Date of Written Submissions: 23 November 2021
Date of Judgment: 23 December 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. The applicant is a Pakistani national whose non-refoulement claim was rejected by the Director of Immigration and the Torture Claims Appeal Board/adjudicator of the Non-refoulement Claims Petition Office. His application for leave for judicial review of the Board’s decision was rejected by Deputy High Court Judge To,[1] and his application for extension of time to appeal against that decision was dismissed both by the judge[2] and subsequently by this Court on 29 October 2021.[3]
2. The relevant facts and procedural history and the reasons for dismissing the appeal have been set out in our previous judgment and will not be repeated here.
3. The applicant now seeks, by Notice of Motion dated 10 November 2021, leave to appeal to the Court of Final Appeal. In the Notice of Motion, the applicant stated:
“ I would like to inform Court of Final Appeal. There is some error in law in my decision maker just relied on COL information and my previous facts which were favor on reject my claim. I am totally disagree with the decision made by the authorities and court because they were totally relied on web news and post on web which is not real matter in actual because its toward to my life. My life in danger in my home land in Pakistan. So I request to this court to help me to stay in Hong Kong till my problem solve in Pakistan.”
4. Pursuant to the directions of the Registrar of Civil Appeals under Practice Direction 2.1, this application is dealt with on paper without an oral hearing.
5. In his written submissions of 23 November 2021, the applicant in essence merely repeated his previous arguments in his written submissions for the application to this Court for extension of time for appeal. We had already addressed and rejected those arguments in our judgment of 29 October 2021.
6. Having considered the materials available, we are satisfied that there is no reasonable prospect of success in the intended appeal or any question involved which, by reason of its great general or public importance, ought to be submitted to the Court of Final Appeal for decision, as required by section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance (Cap 484). Nor do we see any reason why the applicant should, for some other reason, be allowed to appeal to the Court of Final Appeal.
7. The Notice of Motion is therefore dismissed.
(Godfrey Lam)
Justice of Appeal |
(Anderson Chow)
Justice of Appeal |
The Applicant, unrepresented, acting in person
[1] [2021] HKCFI 1080
[2] [2021] HKCFI 1683.
[3] [2021] HKCA 1587 (G Lam and Chow JJA)
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