RE NAVEED MUHAMMAD

CACV 160/2019

[2019] HKCA 1100

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 160 OF 2019

(ON APPEAL FROM HCAL NO. 456 of 2017)

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JUDGMENT

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Hon Andrew Chan J (giving the Judgment of the Court):

1.  By a judgment on 19 July 2019, the Court (Lam (Ag) CJHC and Andrew Chan J) dismissed the applicant’s appeal from the decision of Deputy High Court Judge Bruno Chan given on 22 March 2019 refusing leave to apply for judicial review.

2.  On 25 July 2019, the applicant filed a motion seeking leave to appeal to the Court of Final Appeal.  The ground relied on by the applicant was that his life would be in danger if he were to be returned to his country. He requested the Court to allow him to continue his case and to stay in Hong Kong until his problems had been resolved.

3.  The applicant lodged a written submission on 6 August 2019.  In it, he alluded to the circumstances surrounding his claim.

4.  At [14] – [20] of the judgment, the Court explained that the applicant’s appeal was dismissed because the applicant failed to pinpoint any viable ground that could reverse the judge’s decision. 

5.  The points raised by the applicant in the notice of motion and the written submission do not constitute any valid ground of appeal to the Court of Final Appeal.  We also cannot discern any question of great general or public importance, as required under section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance (Cap 484).  Nor can we see any basis to grant leave on the “otherwise” limb.  Accordingly, the statutory thresholds for granting leave to appeal to the Court of Final Appeal are not met.

6.  For these reasons, we refuse to grant leave to the applicant to appeal to the Court of Final Appeal.  We dismiss the notice of motion accordingly.