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CACV 421/2020
[2021] HKCA 833
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
CIVIL APPEAL NO 421 OF 2020
(ON APPEAL FROM HCAL NO 2115 OF 2018)
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| RE: |
NUR KHASANAH |
Applicant |
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| Before: |
Hon Cheung JA, G Lam and S T Poon JJ in Court |
| Date of Written Submissions: |
24 May 2021 |
| Date of Judgment: |
7 June 2021 |
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J U D G M E N T
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Hon G Lam J (giving the Judgment of the Court):
Leave to appeal to Court of Final Appeal
1. On 29 April 2021, this Court handed down its judgment dismissing the applicant’s appeal against the decision of Deputy High Court Judge Bruno Chan given on 19 August 2020 in which he refused to grant leave to the applicant to apply for judicial review in relation to her non‑refoulement claim.
2. The applicant now applies, by Notice of Motion dated 10 May 2021, for leave to appeal to the Court of Final Appeal (“CFA”). The applicant simply stated in her Notice of Motion that she wanted to challenge the decision.
3. In her written submissions lodged on 24 May 2021, the applicant stated that her husband had abused her and from 2014 to 2015 he called her and sent her SMS messages threatening to kill her by himself or hire other people to do so if she went back to Indonesia.
4. Under section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance (Cap 484) leave to appeal to the CFA will only be granted if the question to be determined involves great general or public importance or otherwise ought to be determined by the CFA.
5. The matters stated by the applicant in her Notice of Motion and written submissions do not disclose any valid grounds of appeal. The Torture Claims Appeal Board had found there was no real risk the applicant’s husband would seriously harm or kill her if she returned. She has failed to identify any question of great general or public importance for the CFA to determine. Nor is there any such question apparent to us from the matters she has raised. We also do not see any basis for granting leave on the ‘or otherwise’ limb under section 22(1)(b).
6. For these reasons, the Notice of Motion dated 10 May 2021 is dismissed.
(Peter Cheung)
Justice of Appeal |
(Godfrey Lam)
Judge of the Court of
First Instance |
(S T Poon)
Judge of the Court of
First Instance |
The Applicant, unrepresented, acting in person
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