RE KHAN ASAD ALI

CAMP 566/2021, [2023] HKCA 814

On Appeal From [2021] HKCFI 1018

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO 566 OF 2021

(ON AN INTENDED APPEAL FROM HCAL NO 3005 OF 2018)

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J U D G M E N T

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

1.  This court handed down judgment on 14 December 2022 ([2022] HKCA 1851) dismissing the applicant’s application for an extension of time to appeal against an order of DHCJ P. Li given on 19 April 2021 in which he refused the applicant’s application for leave to apply for judicial review in respect of his non‑refoulement claim.

2.  The facts and issues in the application before this court, as well as the court’s reasons for dismissing it, are set out in our judgment and will not be repeated here.

3.  On 28 December 2022, the applicant filed a Notice of Motion for leave to appeal this court’s judgment to the Court of Final Appeal.  

4.  The Notice of Motion contained the following as a ground of appeal:

“Director of Immigration and Torture Claims Appeal Board dismissed my non refoulement claim. The High Court and the Court of Appeal dismissed my leave to apply for judicial review. All this judgments are not good for me. I want to go to CFA.”

5.  In compliance with the directions of the Registrar of Civil Appeals made on 28 December 2022, the applicant lodged his written submissions on 11 January 2023.  As it is appropriate to do so, the Notice of Motion is determined on paper without an oral hearing.

6.  In his written submissions, he reiterated his allegation that he still faces threats to his life from his enemy if he were refouled to his home country.  However, his non-refoulement claim was rejected by the Director of Immigration, the Torture Claims Appeal Board and the court and he requested to go to the Court of Final Appeal to pursue his claim.   

7.  Section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance (“HKCFAO”) (Cap. 484) provides that leave to appeal to the Court of Final Appeal may be granted if the question involved in the appeal is one which, by reason of its great general or public importance, or otherwise, ought to be submitted to the Court of Final Appeal for decision.

8.  Having regard to the judgment of this court, the applicant’s intended appeal has no merit at all. No question of great general or public importance has been identified as required by section 22(1)(b) of the HKCFAO.     

9.  Nor do we see any basis for granting leave under the “or otherwise” limb under section 22(1)(b).

10.  By reason of the above, the Notice of Motion filed on 28 December 2022 is dismissed.