RE MEHMOOD IKHLAS

CAMP 28/2019

[2019] HKCA 980

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO 28OF 2019

(ON AN INTENDED APPEAL FROM HCAL 1104/2017)

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JUDGMENT

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

1.  By the judgment dated 27 May 2019 (published as [2019] HKCA 567), the Court (Lam VP and Poon JA) refused to grant an extension of time for the applicant to appeal against a decision of Campbell-Moffat J given on 12 November 2018.

2.  In his notice of motion filed on 3 June 2019, the applicant sought leave to appeal to the Court of Final Appeal on the following ground:

“ I would like to inform civil court. There is some error in law in my decision. Decision maker just relied on col information and my previous facts which were favor on rejected my claims. Actual life occur different situation then mentioned officer and court prefers to ignore the overwhelming of the evidence of the violence towards minorities searching for unrealistic silver lining. The Decision is unreasonable.” (sic)

3.  In the affirmation filed on 3 June 2019 in support of this application, the applicant repeated that the decision was unreasonable, and deposed that the decision failed to take into account many things and issues.

4.  Notwithstanding he was directed to do so, the applicant did not lodge any written submissions in support of the application.

5.  In the judgment, the Court dismissed the applicant’s application on the ground that the intended judicial review had no prospect of success.  In this application, the applicant did not address our reasons, let alone demonstrating we were wrong in that regard. 

6.  In our view, nothing in the notice of motion or the applicant’s affirmation merits submission to the Court of Final Appeal for determination.

7.  The applicant did not raise any question of great general or public importance.  There is no basis 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).

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