RE KHAN ZAHID

CACV 153/2022

[2023] HKCA 320

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 153 OF 2022

(ON APPEAL FROM HCAL NO 203 OF 2019)

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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 13 September 2022 ([2022] HKCA 1261) dismissing the applicant’s appeal against an order of DHCJ K.W. Lung given on 8 April 2022 refusing to grant leave to the applicant to apply for judicial review in respect of his non‑refoulement claim.

2.  The facts and issues in the appeal 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 3 October 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 stated:

“I would like to [inform] the Honourable Court that there is some error in law in my decision. Decision maker just relied on COI Information and my previous facts which were in favour while rejecting my claim. Actual life occur different situation then what is mentioned in COI Information. The Officer and [court] prefers to ignore the [overwhelming] of the evidence of this violence towards minorities searching for unrealistic silver lining. The Decision is [betray] a bias and formula approach unlikely fairly access the danger of my life and clearly not reasonable.”

5.  In the applicant’s supporting affirmation, he complained that the decisions made by the lower court and this court were unlawful and they did not take into account the dangerous situation faced by him if he were to go back to his home country.

6.  Pursuant to the directions of the Registrar of Civil Appeals made on 3 October 2022, the applicant should lodge his written submissions on or before 17 October 2022. He failed to do so. The Registrar further directed that upon the expiry of the time for taking the aforesaid steps and unless otherwise directed, the Notice of Motion shall be determined on paper only without an oral hearing. As we consider it appropriate, this Notice of Motion is determined on paper without an oral hearing.

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 this court’s judgment, 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 3 October 2022 is dismissed.