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CAMP 214/2021
[2022] HKCA 28
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
MISCELLANEOUS PROCEEDINGS NO 214 OF 2021
(ON AN INTENDED APPEAL FROM HCAL NO 1286 OF 2018)
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EJAZ ADNAN |
Applicant |
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and |
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TORTURE CLAIMS APPEAL BOARD /
NON-REFOULEMENT CLAIMS PETITION OFFICE |
Putative
Respondent |
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and |
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DIRECTOR OF IMMIGRATION |
Putative
Interested Party |
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Before: Hon Au and Chow JJA in Court
Date of Judgment: 10 January 2022
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JUDGMENT
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Hon Chow JA (giving the Judgment of the Court):
1. On 26 October 2021, this Court gave its judgment (“the CA Judgment”) dismissing the Applicant’s application for an extension of time to appeal against the order of Deputy High Court Judge K W Lung dated 16 March 2021 refusing to grant him leave to apply for judicial review of the decision of the Non-refoulement Claims Petition Office / Torture Claims Appeal Board dated 20 June 2018.
2. The Applicant now applies by Notice of Motion dated 13 December 2021 for leave to appeal the CA Judgment to the Court of Final Appeal. In the Notice of Motion, the following is stated:
“The High Court dismissed my leave to apply for judicial review which judicial review I made against the Torture Claims Appeal Board and Director of Immigration. After dismissal from the High Court, I came to the Court of Appeal. The Court of Appeal dismissed my application. Now I want to go to the Court of Final Appeal.”
3. Under s 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance, Cap 484, an appeal shall lie to the Court of Final Appeal at the discretion of, inter alia, the Court of Appeal in any civil cause or matter if, in the opinion of the Court of Appeal 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.
4. No question of great general or public importance involved in the proposed appeal is identified in the Notice of Motion. We are unable to see any such question being involved in the proposed appeal. There is also no basis to grant leave to appeal on the “otherwise” limb in s 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance.
5. Accordingly, the application for leave to appeal is refused and the Notice of Motion is dismissed.
(Thomas Au)
Justice of Appeal |
(Anderson Chow)
Justice of Appeal |
The Applicant, acting in person
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