RE NGUYEN THI NGUYEN

CACV 176/2022

[2022] HKCA 1537

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 176 OF 2022

(ON APPEAL FROM HCAL NO 418 OF 2019)

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J U D G M E N T

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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 Vietnamese 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”). Her application for leave to apply for judicial review of the Board’s decision was dismissed by the Court of First Instance.[1] Her appeal against that decision was dismissed by this Court in our judgment dated 21 July 2022.[2]

2.  By Notice of Motion filed on 14 September 2022, the applicant seeks leave to appeal against our judgment to the CFA.  The applicant simply stated she wanted to challenge the decision.  In her submissions for the present application, she set out the factual basis of her non-refoulement claim, and said that she wanted to go to the CFA for herself and all her asylum seeker friends because they were facing the same problem.

3.  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 she has failed to show any prospects of success in the intended appeal.

5.  Accordingly, the Notice of Motion is dismissed.