RE DHESSI KIRANJEET KAUR AND OTHERS

CACV 524/2020

[2021] HKCA 1883

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 524 OF 2020

(ON APPEAL FROM HCAL NO 780 OF 2018)

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JUDGMENT

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Hon Yuen JA (giving the Judgment of the Court):

1.  This court (Yuen and Chow JJA) handed down judgment on 21 September 2021 ([2021] HKCA 1360) dismissing the appeal of the 1^st, 2^nd and 3^rd applicants (collectively called “the applicants”) against an order of DHCJ Bruno Chan (“the Judge”) given on 18 September 2020 in which he refused to grant an extension of time to the applicants to apply for leave for judicial review in respect of their non‑refoulement claims and dismissed their leave applications (“the Judge’s Decision”).

2.  On 28 September 2020, the applicants had filed a Notice of Appeal to appeal against the Judge’s Decision.  As mentioned earlier, in our judgment of 21 September 2021, we dismissed the applicants’ appeal.  The facts and issues in the appeal 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 19 October 2021, the applicants filed a Notice of Motion for leave to appeal this court’s judgment to the Court of Final Appeal on the following grounds:

“Respectfully and upon reading the order by the Honourable Justice that my appeal for leave to apply for judicial review be dismissed. I would like to appeal on your Honour’s Court again that I don’t want to go back in my country because my life is in danger in my country. So it is my kindly request to the court to please accept my appeal again and allow me to stay in Hong Kong. According to the situation of my country, the problem is increasing. As a layman, I would like to appeal on your Honour’s Court. As I will face hardship if I return back to my country and that the Torture Claims Appeal Board had significantly relied on the source of news which was not officially recognised.”

4.  On 19 October 2021 the Registrar of Civil Appeals gave directions for the applicants to lodge their written submissions on or before 2 November 2021.  They failed to do so on that date or at all.

5.  The Registrar further directed that the Notice of Motion shall be determined on paper only without an oral hearing.  As it is appropriate to do so, we proceed to determine this application on paper. 

6.  Section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance 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.

7.  The applicants have failed to identify any error of law or raise any discernible ground to reverse our judgment. Having regard to the judgment of this court, the applicants’ intended appeal has no merits. No question of great general or public importance has been identified as required by s.22(1)(b) of the HKCFAO.    

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

9.  By reason of the above, the Notice of Motion filed on 19 October 2021 is dismissed.