RE AKTER SANJIDA

CAMP 598/2021, [2023] HKCA 1136

On Appeal From [2021] HKCFI 1755

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO 598 OF 2021

(ON AN INTENDED APPEAL FROM HCAL NO 2735 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 14 December 2022 ([2022] HKCA 1854) dismissing the applicant’s application to extend time to appeal against an order of DHCJ To given on 18 June 2021 in which he refused to grant leave to the applicant 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 January 2023, the applicant filed a Notice of Motion for leave to appeal this court’s judgment to the Court of Final Appeal. However, it was out of time, as section 24(2) of the Hong Kong Court of Final Appeal Ordinance (“HKCFAO”) (Cap. 484) stipulates that the deadline for filing an appeal from a judgment of the Court of Appeal is 28 days from the date of the judgment to be appealed from. The deadline for filing the Notice of Motion expired on 11 January 2023.

4.  However, under sections 24(5) and 24(6) of the HKCFAO, the Court of Appeal has a discretion to extend the appeal period even though the application for extension is not made until after the expiration of that period. In the exercise of our discretion whether or not to extend the appeal period, we should consider the length of the delay, the applicant’s reasons for the delay, the merits of the intended appeal, and whether any prejudice would be suffered by the other party.

5.  In the present case, the applicant was late by 20 days. She did not provide any explanation for her delay in her supporting affirmation or written submissions.

6.  Moreover, the applicant has not shown any merits in this intended application for leave to appeal to the Court of Final Appeal. In her Notice of Motion, she stated simply that all the judgments are not good for her and she wants to go to the Court of Final Appeal.

7.  In compliance with the directions of the Registrar of Civil Appeals made on 31 January 2023, the applicant lodged her written submissions on 14 February 2023. As it is appropriate to do so, the Notice of Motion is determined on paper without an oral hearing.

8.  In her written submissions, she contended that she has “life problem” in her motherland, there were many mistakes in the processing of her case (although she did not specify them) and the courts did not like her arguments. She further submitted that she wants to go to the Court of Final Appeal for herself and her friends because they are all facing the same problem.

9.  Section 22(1)(b) of the HKCFAO 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.

10.  Having regard to the judgment of this court, the applicant’s intended appeal has no merit at all. Her grounds and submissions are just bare assertions without particulars or evidence in support. No question of great general or public importance has been identified as required by section 22(1)(b) of the HKCFAO.

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

12.  By reason of the above, the Notice of Motion filed on 31 January 2023 is dismissed.