RE HUSSAIN ASHFAQ

CAMP 390/2021

[2022] HKCA 825

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO 390 OF 2021

(ON AN INTENDED APPEAL FROM HCAL NO 791 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 is a Pakistani national whose 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”). His application for leave to apply for judicial review of the Board’s decision was dismissed by the Court of First Instance. His application for leave to appeal against that decision was dismissed by this Court in our judgment dated 3 March 2022.[1]

2.  By Notice of Motion filed by on 4 March 2022, the applicant now seeks leave to appeal against our judgment to the CFA.  In the motion, the applicant simply stated that he wished the CFA would consider his application for leave to apply for judicial review.

3.  Despite having acknowledged the directions for written submissions to be lodged, the applicant has not to date lodged any written submissions for the present application.  There is no reason for us to depart from the usual practice of determining an application of this kind on the basis of the available materials without an oral hearing.

4.  We are of 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 he has failed to show any prospects of success in the intended appeal.

5.  Accordingly, the Notice of Motion is dismissed.