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CACV 300/2025, [2026] HKCA 1337
On Appeal From [2026] HKCA 44
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
CIVIL APPEAL NO 300 OF 2025
(ON APPEAL FROM HCAL NO 3850 OF 2019)
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| Before: |
Hon Au and K Yeung JJA in Court |
| Date of Judgment: |
31 July 2026 |
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J U D G M E N T
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Hon Au JA (giving the Judgment of the Court):
1. On 19 March 2026, the applicant filed a Notice of Motion to
apply for leave to appeal to the Court of Final Appeal out of time against this court’s judgment of 19 January
2026 (“the Judgment”) ([2026] HKCA 44). In the Judgment, we dismissed the applicant’s appeal against the
decision of Deputy High Court Judge (Non-refoulement Claims) Martin Wong (“the Judge”) dated 12 May 2025,
by which the Judge refused his application for leave to apply for judicial review ([2025] HKCFI 1530).
2. The facts and issues in the appeal, as well as this court’s
reasons for dismissing it, are set out in the Judgment. We will not repeat them here. After
reviewing the Notice of Motion, we see no reason to deviate from the usual practice to consider this application
on paper pursuant to paragraph 3 of Practice Direction 2.1.
3. Section 22(1)(b) of the Hong Kong Court of Final Appeal
Ordinance (Cap 484) (“the HKCFAO”) provides that an appeal shall lie to the Court of Final Appeal at the
discretion of this court or the Court of Final Appeal 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.
4. Pursuant to section 24(2) of the HKCFAO, an appellant has 28
days from the date of the Judgment to seek leave to appeal to the Court of Final Appeal. In the present
case, the deadline for the applicant to seek leave to appeal against the Judgment fell on 16 February
2026. Accordingly, the applicant was over one month late in taking out his application for leave to appeal
to the Court of Final Appeal.
5. As the applicant did not apply for leave to appeal to the
Court of Final Appeal within time, the Court has a discretion to extend time under section 24(5) of the HKCFAO
only if good and sufficient grounds are shown by the applicant: see Re Imran Muhammad [2021] HKCA 482 at [9] and the authorities cited therein. In deciding whether
there are such good grounds, the Court is entitled to take into account (a) the length of the delay; (b) the
reasons for the delay; (c) the chances of the appeal succeeding if an extension of time is granted; and (d) the
degree of prejudice to the respondent if the application is granted: Begum Jahanara v Ian Candy, Esq &
Another [2021] HKCA 83 at [4] and the authorities cited therein.
6. In his Notice of Motion, the
applicant claimed that the Judge erred in law in failing to apply the principles of procedural unfairness and to
consider whether the Director and the Board were irrational and unreasonable. He further complained that
the Judge did not consider whether the Board failed to fairly assess his evidence and whether the Board had made
sufficient enquiry. The Judge also failed to give sufficient reasons in refusing his application for leave
to apply for judicial review and to consider the gravity of risk of harm faced by the applicant upon
refoulement.
7. In his supporting affirmation filed on 19 March 2026, the
applicant sought extension of time to file his Notice of Motion as he was not legally trained and did not fully
understand the effect of the decision or the applicable time limits for taking further action. He also
stated that he was currently detained at the Immigration Centre and it was difficult for him to obtain legal
assistance or arrange for documents to be filed in the High Court as he had no legal knowledge.
8. Contrary to Practice Direction 2.1, the applicant failed to
lodge any written submissions.
9. At the outset, the applicant’s delay of over one month is
substantial. Ignorance of the time limit in taking out his application or that he is unrepresented are not
good reasons for his substantial delay.
10. In any event, the applicant’s application is also plainly
devoid of merit. His assertions are all vague, bare and unsupported by any particulars or evidence.
General assertions of fear if refouled do not constitute proper grounds of appeal: Re Saldua Dorothy
Trifalgar [2022] HKCA 627 at [6]. More importantly, he fails to point out any error in the
Judgment with specific particulars. His intended appeal is plainly a nonstarter and should be dismissed on
this basis alone.
11. Further and in any event, even taking them at their
highest, his allegations remain fact-specific and do not relate to any question of great general or public
importance.
12. Accordingly, the applicant has failed to identify any
question of great general or public importance, as required by section 22(1)(b) of the HKCFAO. We also do
not see any basis for granting leave on the “or otherwise” limb under section 22(1)(b) of the HKCFAO.
13. For these reasons, the
applicant’s intended appeal has no merit and we dismiss the Notice of Motion.
(Thomas Au) Justice of Appeal |
(Keith Yeung) Justice of Appeal |
The applicant acting in person
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