RE FLORES MARITES EVANGELISTA

CACV 157/2020

[2021] HKCA 1476

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 157 OF 2020

(ON APPEAL FROM HCAL 29/2019)

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J U D G M E N T

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Hon Barma JA (giving the Judgment of the Court):

1.  On 1 April 2021, this court (Poon CJHC, Yeung VP and Barma JA) handed down a judgment dismissing the applicant’s appeal against the decision of Deputy High Court Judge K.W. Lung (“the judge”) on 3 June 2020 refusing leave to the applicant to apply for judicial review. The applicant had sought to review the decision of the Torture Claims Appeal Board (“the Board”) dismissing her appeal from the decisions of the Director of Immigration rejecting her non‑refoulement claim.

2.  The facts and issues in the appeal, as well as the court’s reasons for dismissing it, are set out in our judgment.[1] We will not repeat them here.

3.  The applicant subsequently applied, by a Notice of Motion filed on 9 April 2021, for leave to appeal to the Court of Final Appeal.  The applicant stated in the Notice of Motion that:

“I would like to inform the [court] that there is some error in law in my decision. Decision maker just relied on COI information and my previous facts which were in favor while rejecting my claim. Actual life occur different situation then what is mentioned in COI 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.”

4.  The applicant lodged a written submission in support of the application on 13 May 2021.  In the written submission, the applicant submitted that:

(1)  the Board failed to meet the high standard of fairness.  The Board also adopted a general practice of not questioning the decisions by the Director; and

(2)  the decision maker is under a duty to act fairly.

5.  In her written submission, the applicant also referred to a number of provisions and authorities, but did not explain how they apply to her case.

6.  Having considered the applicant’s Notice of Motion and written submission, we see no reason to depart from the usual practice of determining an application of this kind on the papers.  We have, therefore, determined the applicant’s application on the basis of the documents filed.

7.  The matters stated by the applicant do not constitute grounds for granting leave to appeal to the Court of Final Appeal.  The applicant has failed to identify any question of great general or public importance for the Court of Final Appeal to determine, as required by section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance, Cap 484.  Nor is any such question apparent to us from the matters she has raised.  

8.  Neither the Notice of Motion nor the written submissions identify any supposed error in our judgment and they raise no ground that is reasonably arguable before the Court of Final Appeal.

9.  We also do not see any basis for granting leave on the “otherwise” limb under section 22(1)(b).

10.  For these reasons, the Notice of Motion dated 9 April 2021 is dismissed.