|
CACV 39/2022
[2023] HKCA 255
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
CIVIL APPEAL NO 39 OF 2022
(ON APPEAL FROM HCAL NO 2049 OF 2018)
____________
| RE: |
IQBAL JAVED |
Applicant |
____________
| Before: |
Hon Au and G Lam JJA in Court |
| Date of Judgment: |
3 March 2023 |
_________________
J U D G M E N T
_________________
Hon G Lam JA (giving the Judgment of the Court):
1. This is an application for leave to appeal to the Court of Final Appeal (“CFA”). The applicant is a Pakistani national whose claim for non-refoulement protection in Hong Kong was rejected by the Director of Immigration and by the Torture Claims Appeal Board/Non-refoulement Claims Petition Office (“Board”). His application for leave to apply for judicial review of the Board’s decision was dismissed by the Court of First Instance. His appeal against that decision was dismissed by this Court in our judgment dated 30 January 2023.
2. By Notice of Motion filed on 2 February 2023, the applicant seeks leave to appeal against our judgment to the CFA. In that document the applicant stated that all the previous judgments were not good for him and that he wanted to go to the CFA.
3. Despite having acknowledged the directions for written submissions to be lodged with the court by 16 February 2023, the applicant has not to date lodged any submissions for the present application. There is no reason for us to depart from the usual practice of determining an application of this kind on the basis of the available materials without an oral hearing, as set out in paragraph 3 of Practice Direction 2.1.
4. We take the view that this application ought to be dismissed because the applicant has not shown that the intended appeal raises any question which, by reason of its great general or public importance, or otherwise, ought to be submitted to the CFA for decision (which is the condition for giving leave to appeal under section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance, Cap 484), and also because he has failed to show any prospects of success in the intended appeal.
5. Accordingly, the Notice of Motion is dismissed.
(Thomas Au)
Justice of Appeal
|
(Godfrey Lam)
Justice of Appeal
|
The Applicant, unrepresented, acting in person
|