RE DIALLO MAMADOU BAILO

CAMP 92/2022

[2023] HKCA 284

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO 92 OF 2022

(ON AN INTENDED APPEAL FROM HCAL 1159 OF 2018)

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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 23 June 2022, this court (Barma JA and Au JA) handed down a judgment dismissing the applicant’s application for extension of time to appeal against the decision of DHCJ Bruno Chan dated 15 December 2021 refusing to grant leave to the applicant to apply for judicial review out of time. The applicant had sought to review the decision of the Torture Claims Appeal Board dismissing his appeal against the decisions of the Director of Immigration rejecting his non‑refoulement claim.

2.  The facts and issues in the applicant’s application, 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 6 July 2022, for leave to appeal to the Court of Final Appeal.  In the Notice of Motion, the applicant made various complaints against this court, such as our apparent failure to apply the principles of procedural unfairness and irrationality in our assessment of the decisions below.

4.  In his written submissions lodged on 18 July 2022, the applicant referred to the well-established principles in Secretary for Security v Sakthevel Prabakar [2005] 1 HKLRD 289, R v Home Secretary, ex parte Doody [1994] 1 AC 531 and R v Home Secretary, ex parte Bugdaycay [1987] 1 AC 514.

5.  Having considered the applicant’s Notice of Motion and written submissions, 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.

6.  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 he has raised.

7.  Neither the Notice of Motion nor the written submissions provide any particulars of the supposed errors in our judgment and they raise no ground that is reasonably arguable before the Court of Final Appeal.

8.  Further, there was no attempt by the applicant to elaborate on whether, and if so, how, the trite principles referred to in his written submissions had not been applied in the consideration of his application by this court or in the processing of his non-refoulement claim.

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 6 July 2022 is dismissed.