RE REHMAN MAQBOOL UR

CACV 326/2018

[2019] HKCA 188

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 326 OF 2018

(ON APPEAL FROM HCAL 722/2017)

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J U D G M E N T

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Hon Lam VP (giving the Judgment of the Court):

1.  By our judgment dated 7 December 2018 (published as [2018] HKCA 914), we dismissed the applicant’s appeal from the decision of Deputy High Court Judge Josiah Lam dated 9 July 2018 (published as [2018] HKCFI 1465) refusing leave to apply for judicial review.

2.  In his notice of motion filed on 10 December 2018, the applicant gave these grounds for seeking leave to appeal to the Court of Final Appeal:

“ I am not satisfied with the decision because my life is not [safe] in my own country. Please keep me to stay in Hong Kong until I have problem so that I can save my life and can live without any fear or danger.” (sic)

3.  In his written submissions dated 24 December 2018, the applicant reiterated his personal circumstances and his perceived fear of threat if refouled.

4.  The matters raised by the applicant in the notice of motion and the written submissions do not give rise to any question of great general or public importance.  Nor do we see any reason to grant leave on the “or otherwise” limb.  The statutory criterion for granting leave to appeal to the Court of Final Appeal is therefore not met: section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance (Cap 484).

5.  Accordingly, we dismiss the application for leave to appeal to the Court of Final Appeal.