RE MEHMOOD TARIQ

CAMP 74/2018, [2023] HKCA 1218

On appeal from [2018] HKCFI 615

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO 74 OF 2018

(ON AN INTENDED APPEAL FROM HCAL NO 626 OF 2017)

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JUDGMENT

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

1.  This is the applicant’s Notice of Motion for leave to appeal to the Court of Final Appeal against the judgment of the Court of Appeal handed down on 23 August 2018 ([2018] HKCA 531). The Court of Appeal refused to grant extension of time to appeal against the decision of Campbell-Moffat J dated 17 April 2018 dismissing the application for leave to seek judicial review against the decisions concerning the applicant’s non-refoulement claim.

2.  Pursuant to paragraph 3 of Practice Direction 2.1, the Registrar of Civil Appeals had directed that the Notice of Motion shall be determined on paper without an oral hearing. The applicant lodged his written submissions three days late on 8 May 2023. Having considered his written submissions and the papers, we think it is appropriate to determine this application on paper and proceed to do so.

3.  The applicant is a national of Pakistan. He arrived in Hong Kong illegally on 13 February 2014 and was arrested on the same day. On 26 February 2014, he raised a non-refoulement claim on the basis that he will be harmed or killed by a man called AM who forced the applicant to transfer his land and that he will be killed by M who had killed the applicant’s brother.

Grounds of appeal

4.  In the Notice of Motion filed on 21 April 2023, the applicant only stated that he did not get justice so he wants to go to the Court of Final Appeal to get justice.

5.  In his written submissions, he stated that he failed to prove his claim because it is not possible for him to bring original documents from Pakistan and he wants to speak for all asylum seekers in the Court of Final Appeal.

Analysis and disposition

6.  Under section 24(2) of the Hong Kong Court of Final Appeal Ordinance (Cap 484) (“the Ordinance”), application for leave to appeal to the Court of Final Appeal shall be filed within 28 days from the date of the judgment to be appealed from. Good grounds have to be shown by the applicant for the court to grant an extension of time pursuant to section 24(5) of the Ordinance (Re Rajaram Razeena [2019] HKCA 959 at §1.4).

7.  Section 22(1)(b) of the Ordinance provides that an appeal shall lie to the Court of Final Appeal at the discretion of the Court of Appeal or the Court of Final Appeal, from any judgment of the Court of Appeal in any civil cause or matter, whether final or interlocutory, if, in the opinion of the Court of Appeal or the Court of Final Appeal, as the case may be, the question involved in the appeal is one which, by reason of its great general or public importance, or otherwise, ought to be submitted to the Court of Final Appeal for decision.

8.  The applicant was late for more than 4 years and 4 months in filing the Notice of Motion. The delay is very substantial and he did not provide any explanation for the delay. Under these circumstances, there is no good ground for the court to grant extension of time for him to file the Notice of Motion.

9.  In any event, the applicant has not identified any mistakes in the judgment of the Court of Appeal nor has he raised any question of great general or public importance which ought to be submitted to the Court of Final Appeal for determination in accordance with section 22(1)(b). There is also no basis for granting leave on the ‘or otherwise’ limb under section 22(1)(b).

10.  For the above reasons, we refuse to grant leave to appeal to the Court of Final Appeal and dismiss the Notice of Motion filed on 21 April 2023.