RE GALANG JENNYLYN ESTRADA

CACV 17 /2025, [2025] HKCA 859

On appeal from [2025] HKCFI 78

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 17 OF 2025

(ON APPEAL FROM HCAL NO 1269 OF 2024)

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J U D G M E N T

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Hon Andrew Chan J (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 national of the Philippines 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”). Her application for leave to apply for judicial review of the Board’s decision was dismissed by the Court of First Instance.[1] Her appeal against that decision was dismissed by this Court in our judgment dated 25 June 2025.[2]

2.  By Notice of Motion filed on 30 June 2025, the applicant seeks leave to appeal against our judgment to the CFA.  The applicant stated that our decision was unreasonable. 

3.  The applicant had not lodged any written submissions as directed. 

4.  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, as set out in paragraph 3 of Practice Direction 2.1.

5.  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 the applicant, in our view, has failed to show any prospects of success in the intended appeal.

6.  Accordingly, the Notice of Motion is dismissed.