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CACV 187/2022
[2023] HKCA 301
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
CIVIL APPEAL NO 187 OF 2022
(ON APPEAL FROM HCAL NO 909 OF 2019)
____________________
| RE: |
VILLASANTA DAISY LUMBERA |
Applicant |
____________________
| Before: |
Hon Yuen JA and Lisa Wong J in Court |
| Date of Written Submissions: |
29 September 2022 |
| Date of Judgment: |
10 March 2023 |
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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 29 August 2022 ([2022] HKCA 1265) dismissing the applicant’s appeal against an order of DHCJ K.W. Lung given on 3 May 2022 refusing to grant leave to the applicant to apply for judicial review in respect of her 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 15 September 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 states the following:
“I would like to [inform] the Honourable Court that there is some error in law in my decision. Decision maker just relied on COL Information and my previous facts which were in favour while rejecting my claim. [Actual] life occur different situation then what is mentioned in COL Information. The Officer and [courts] 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 compliance with the directions of the Registrar of Civil Appeals made on 15 September 2022, the applicant lodged her written submissions on 29 September 2022. This Notice of Motion is determined on paper without an oral hearing, which we consider appropriate.
6. In her written submissions, she quoted passages from ST v Director of Immigration [1][2014] 4 HKLRD 277 and Secretary for Security v Sakthevel Prabakar [2005] 1 HKLRD 289, and other decisions on high standards of fairness. She submitted that high standards of fairness applied to the determination of a non-refoulement claim, and the Board had acted in a procedurally unfair manner without properly assessing her credibility. She further referred to section 37ZT of the Immigration Ordinance (Cap. 115) and contended that in dealing with late filing of notice of appeal, the Board may only take account of the reasons for delay stated in the application and accompanying evidence, and other relevant matters of fact within the Board’s knowledge. However, she did not explain or elaborate how the legal authorities and provisions would apply to and assist her case.
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 15 September 2022 is dismissed.
(Maria Yuen)
Justice of Appeal |
(Lisa Wong)
Judge of the Court of First Instance |
The applicant, unrepresented, acting in person
[1] The correct citation should be ST v Betty Kwan.
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