RE GURBACHAN SINGH

CACV 299/2018

[2019] HKCA 212

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 299 OF 2018

(ON APPEAL FROM HCAL 893/2017)

_____________________

_____________________

___________________

JUDGMENT

___________________

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

1.  By our judgment dated 27 November 2018 (published as [2018] HKCA 880), we (Lam VP and Kwan JA) dismissed the applicant’s appeal from the decision of Deputy High Court Judge Bruno Chan dated 29 June 2018 (published as [2018] HKCFI 1434) refusing leave to apply for judicial review.

2.  In his notice of motion filed on 28 November 2018, the applicant gave these grounds for seeking leave to appeal to the Court of Final Appeal:

“ I am not satisfied with the decision because my life [is] not [safe] in my own country. Please keep me to stay in Hong Kong until I have problem. I will be grateful to you for your kind favour. I am looking forwards your kind attention over my request.” (sic)

3.  In his written submissions lodged on 12 December 2018, the applicant reiterated his personal circumstances and his perceived fear of threat if refouled.

4.  The matters raised by the applicant in the notice of motion and the written submissions do not give rise to any question of great general or public importance.  Nor do we see any reason to grant leave on the “or otherwise” limb.  The statutory criterion for granting leave to appeal to the Court of Final Appeal is therefore not met: section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance (Cap 484).

5.  Accordingly, we dismiss the application for leave to appeal to the Court of Final Appeal.