RE AKTAR MST RUMA

CAMP 338/2021, [2023] HKCA 490

On Appeal From [2020] HKCFI 1027

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO 338 OF 2021

(ON AN INTENDED APPEAL FROM HCAL NO 2452 OF 2018)

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J U D G M E N T

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

1.  This court handed down judgment on 10 October 2022 ([2022] HKCA 1483) dismissing the applicant’s application to extend time to appeal against an order of DHCJ K.W. Lung given on 4 June 2020 in which he refused the applicant’s application for leave to apply for judicial review in respect of her non‑refoulement claim.

2.  The facts and issues in the application before this court, as well as the court’s reasons for dismissing it, are set out in our judgment and will not be repeated here.

3.  On 31 October 2022, the applicant filed a Notice of Motion for leave to appeal this court’s judgment to the Court of Final Appeal.

4.  The Notice of Motion states:

“With due respect and humble submissions I beg to you that I am not agree with the decision of the court. The court did not consider my appeal properly. I want to apply for Notice of Appeal. That’s why I applied for the extension of time but the Court of First Instance and the Appeal Division dismissed my summons for the extension of time to appeal. They did not scrutinize my application properly. They just simply review my application. They did not consider properly. I have severe problem in my home country. If I return back there, I will be killed by my enemy, but the Torture Claims Appeal Board and the Director of Immigration did not scrutinize my claim properly.”

5.  Pursuant to the directions of the Registrar of Civil Appeals given on 31 October 2022, the applicant should lodge her written submissions on or before 14 November 2022. She failed to do so. The Registrar further directed that upon expiry of the time for taking the aforesaid step and unless otherwise directed, the Notice of Motion shall be determined on paper only without an oral hearing. As we consider it appropriate, this Notice of Motion is determined on paper without an oral hearing.

6.  Section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance (“HKCFAO”) (Cap. 484) provides that leave to appeal to the Court of Final Appeal may be granted if 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.

7.  Having regard to the judgment of this court, the applicant’s intended appeal has no merit at all. No question of great general or public importance has been identified as required by section 22(1)(b) of the HKCFAO.

8.  Nor do we see any basis for granting leave under the “or otherwise” limb under section 22(1)(b).

9.  By reason of the above, the Notice of Motion filed on 31 October 2022 is dismissed.