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CACV 626/2020
[2021] HKCA 1468
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
CIVIL APPEAL NO 626 OF 2020
(ON APPEAL FROM HCAL 2224/2018)
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| RE: |
RAMALES JULIO FIGUEROA |
Applicant |
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Before: Hon Barma JA and Lisa Wong J in Court
Date of Judgment: 15 October 2021
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J U D G M E N T
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Hon Barma JA (giving the Judgment of the Court):
1. On 4 June 2021, this court (Barma JA and Lisa Wong J) handed down a judgment dismissing the applicant’s appeal against the decision of Deputy High Court Judge Bruno Chan on 20 November 2020 refusing leave to the applicant to apply for judicial review. The applicant had sought to review the decision of the Torture Claims Appeal Board dismissing his appeal from the decision of the Director of Immigration rejecting his non‑refoulement claim.
2. The facts and issues in the appeal, as well as the court’s reasons for dismissing it, are set out in our judgment.[1] We will not repeat them here.
3. The applicant subsequently applied, by a Notice of Motion filed on 15 June 2021, for leave to appeal to the Court of Final Appeal. The applicant did not give any grounds in the Notice of Motion.
4. The applicant lodged a written submission in support of the application on 28 June 2021. In the written submission, the applicant explained why it is unsafe for him to return to the Philippines.
5. The matters stated by the applicant do not constitute grounds for granting leave to appeal to the Court of Final Appeal. The applicant has failed to identify any question of great general or public importance for the Court of Final Appeal to determine, as required by section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance, Cap 484. Nor is any such question apparent to us from the matters he has raised.
6. The Notice of Motion does not identify any supposed error in our judgment and it raises no ground that is reasonably arguable before the Court of Final Appeal.
7. We also do not see any basis for granting leave on the “otherwise” limb under section 22(1)(b).
8. For these reasons, the Notice of Motion dated 15 June 2021 is dismissed.
| (Aarif Barma) |
(Lisa Wong) |
| Justice of Appeal |
Judge of the Court of
First Instance |
The applicant acting in person
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