RE LUMITAP, DOLORES DALUYEN

CACV 352/2019

[2020] HKCA 397

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 352 OF 2019

(ON APPEAL FROM HCAL 2887/2018)

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JUDGMENT

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Hon Lam VP (giving the Judgment of the Court):

1.  By a judgment dated 2 December 2019 [2019] HKCA 1328, this Court (Lam VP, Lisa Wong and ST Poon JJ) dismissed the applicant’s appeal against the decision of Deputy High Court Judge K W Lung (“the Judge”) dated 19 July 2019 [2019] HKCFI 1800 refusing leave to apply for judicial review.

2.  By a notice of motion dated 4 December 2019, the applicant applied for leave to appeal against the judgment to the Court of Final Appeal. In the notice, the applicant set out the following ground of appeal:

“ I would like to infomr 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 favor while rejecting my claim. Acual life occur different situation then what is mentioned in the COL Information. The Officer and cours prefers to ignore the overwhelming of the evidence of this violence towards minorities searching for unrealistic silver lining. The Decision is betrary a bias and formula approach unlikely fairly access the danger of my life and clearly not reasonable.” [sic]

3.  Notwithstanding she was directed to do so, the applicant did not lodge any written submissions in support of the application.

4.  In the judgment, this Court dismissed the applicant’s application because the applicant failed to pinpoint any viable ground to reverse the Judge’s decision.  In particular, we have explained at [15] of the judgment that general assertion regarding the unreliability of the COI material could not avail her in the appeal.  In this application, the applicant did not address our reasons, let alone demonstrating we were wrong in that regard.

5.  In our view, nothing in the notice of motion merits submission to the Court of Final Appeal for determination.

6.  In this application, the applicant failed to raise any question of great general or public importance.  There is no basis to grant leave on the “or otherwise” limb.  The statutory criterion for granting leave to appeal to the Court of Final Appeal is therefore not met: section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance Cap 484.

7.  Accordingly, we dismiss the application for leave to appeal to the Court of Final Appeal.