RE SK DANISH

CACV 234/2020

[2021] HKCA 477

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 234 OF 2020

(ON APPEAL FROM HCAL NO. 1770 OF 2018)

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J U D G M E N T

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Hon Yeung VP (giving the Judgment of the Court):

1.  By a judgment dated 28 January 2021 ([2021] HKCA 75), this Court (Yeung VP and Chu JA) dismissed the applicant’s appeal against the decision of Deputy High Court Judge K.W. Lung (“the Judge”) given on 24 June 2020 in HCAL 1770/2018 refusing to grant leave to him to apply for judicial review. The applicant sought to review the decision of the Torture Claims Appeal Board (“Board”) given on 24 August 2018 dismissing his petition/appeal from the decision of the Director of Immigration (“Director”) given on 29 January 2018 rejecting his non-refoulement claim.

2.  By a notice of motion dated 4 February 2021, the applicant now seeks leave to appeal to the Court of Final Appeal on the grounds that his life is still in danger if he returns to his home country.  In addition, due to the COVID -19 pandemic in India, the situation in his country is very bad and thus, he urges the Court to accept his appeal.

3.  Pursuant to the directions made by the Registrar of Civil Appeals on 5 February 2021, the applicant should lodge his written submissions on or before 18 February 2021. He failed to do so.  He wrote a letter dated 2 March 2021 to the Court seeking an extension of time to lodge the written submissions as he only received on 1 March 2021 the court’s letter dated 8 February 2021 informing him about the directions of the Registrar.  It is not a good reason for the delay and we will not allow any extension of time for the lodging of written submissions. 

4.  The Registrar further directed that unless the court otherwise directs, the notice of motion shall be determined on papers only without an oral hearing.  As it is appropriate to do so, this application is processed on papers without an oral hearing.

5.  Section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance (Cap. 484) provides that an appeal shall lie to the Court of Final Appeal at the discretion of the Court of Appeal or the Court of Final Appeal, from any judgment of the Court of Appeal in any civil cause or matter, whether final or interlocutory, if, in the opinion of the Court of Appeal or the Court of Final Appeal, as the case may be, 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. 

6.  The applicant failed to raise any discernible grounds to disturb our judgment and nothing set out in the notice of motion can be construed as valid grounds of appeal to Court of Final Appeal.

7.  For the reasons that we gave in our judgment of 28 January 2021, we do not see any prospect of success in the applicant’s intended appeal against the Judge’s decision and order. None of the questions raised by the applicant in the notice of motion involves an arguable point or a question of great general or public importance.  We do not see any basis for granting leave on the “otherwise” limb under section 22(1)(b) either.  The statutory criteria for granting leave to appeal to the Court of Final Appeal is not met.

8.  Accordingly, we refuse to give the applicant leave to appeal to the Court of Final Appeal and dismiss his notice of motion.