RE SALIM

CAMP 584/2021, [2023] HKCA 816

On appeal from [2021] HKCFI 1199

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO 584 OF 2021

(ON AN INTENDED APPEAL FROM HCAL NO 1470 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 1846) dismissing the applicant’s application to extend time to appeal against an order of DHCJ Bruno Chan given on 30 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 9 January 2023, 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 9 January 2023, the applicant lodged his written submissions on 26 January 2023.  In his written submissions, he repeated his complaints as set out in the Notice of Motion.  He stated that he was not satisfied with the decisions of the Director of Immigration, the Torture Claims Appeal Board and the court as his arguments were not accepted and his case was dismissed.  He claimed that his problem is a political problem and he wants to go to the Court of Final Appeal to seek justice for himself and for all the asylum seekers who face the same problem.   

6.  On 19 April 2023, the applicant filed a Request for Dismissal of Appeal requesting the dismissal of the notice of motion filed on 9 January 2023.

7.  As it is appropriate to do so, the Notice of Motion is determined on paper without an oral hearing.

8.  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.

9.  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.     

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

11.  By reason of the above, we will dismiss the Notice of Motion filed on 9 January 2023 irrespective of the applicant’s request to do so.