RE REPONOYA ARLYN ESPINOSA

CAMP 488/2022, [2024] HKCA 962

On Appeal From [2021] HKCFI 1532

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO 488 OF 2022

(ON AN INTENDED APPEAL FROM HCAL NO 2802 OF 2018)

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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’s 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. Her application for extension of time to appeal against that decision was dismissed by this Court by judgment dated 13 September 2023.

2.  By Notice of Motion filed on 28 August 2024, the applicant seeks leave to appeal against our judgment to the CFA.  In that document the applicant simply stated that she wants to appeal against a decision of 13 September 2023.  In her affidavit of the same date the applicant asked for extension of time, but did not give any reasons for her delay or grounds for seeking an extension of time.  The applicant has not lodged any written submissions for this application.

3.  There is no reason for us to depart from the usual practice of determining an application for leave to appeal 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.  Further, the Notice of Motion was filed more than 28 days after our judgment, contrary to the requirement in section 24 of the Ordinance, and the delay has not been explained.

5.  Accordingly, the Notice of Motion is dismissed.