RE PALASH BAKCHI

CAMP 574/2021, [2023] HKCA 815

On Appeal From [2021] HKCFI 74

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO 574 OF 2021

(ON AN INTENDED APPEAL FROM HCAL NO 920 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 14 December 2022 ([2022] HKCA 1847) dismissing the applicant’s application to extend time to appeal against an order of DHCJ P. Li given on 13 January 2021 in which he refused 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 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 19 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.  Pursuant to the directions of the Registrar of Civil Appeals made on 19 December 2022, the applicant should lodge his written submissions on or before 3 January 2023.  He failed to do so.  The Registrar further directed that upon the expiry of the time for taking the aforementioned step 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 therefore determined on paper without an oral hearing.   

6.  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.

7.  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.     

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

9.  By reason of the above, the Notice of Motion filed on 19 December 2022 is dismissed.