RE KHAN KAMRAN

CAMP 120/2020

[2021] HKCA 1001

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO 120 OF 2020

(ON AN INTENDED APPEAL FROM HCAL 487/2018)

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JUDGMENT

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

1.  On 24 May 2021, the Applicant filed a Notice of Motion to apply for leave to appeal to the Court of Final Appeal (“CFA”) against this Court’s judgment of 13 May 2021. In that judgment we dismissed the Applicant’s application for extension of time to appeal against the decision of Deputy High Court Judge Bruno Chan on 19 December 2019 dismissing his application for leave to apply for judicial review.

2.  Section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance, Cap 484 provides that an appeal shall lie to the CFA at the discretion of this Court or the CFA 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 CFA for decision.

3.  In his Notice of Motion, the Applicant reiterated his prior grounds for extension of time to appeal, i.e. that he his life would be in danger if he were to return to his country, and that he has a pending dependent visa application to stay with his Hong Kong wife.  Those grounds had already been addressed in our judgment. 

4.  Despite the acknowledgment by the Applicant on 24 May 2021 of the requirement under Practice Direction 2.1 and the directions of the Registrar of Civil Appeals on 25 May 2021, the Applicant did not lodge any written submissions in support of this application. 

5.  In our view, the Applicant has not raised any reasonably arguable ground of appeal on the merit of his claim, or any discernible or arguable ground for disturbing our judgment.

6.  In the circumstances, as there is no question of great general or public importance or which otherwise ought to be submitted to the CFA for determination, we refuse to grant leave to appeal to the CFA and dismiss the Applicant’s Notice of Motion.