RE HOSSAIN SARFARAJ

CACV 396/2018

[2019] HKCA 383

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 396 OF 2018

(ON APPEAL FROM HCAL 769/2017)

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J U D G M E N T

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

1.  By our judgment dated 10 December 2018 (published as [2018] HKCA 950), we dismissed the applicant’s appeal from the decision of Deputy High Court Judge Woodcock dated 10 August 2018 (published as [2018] HKCFI 1767) refusing leave to apply for judicial review.

2.  By a notice of motion dated 27 December 2018, the applicant sought leave of appeal to the Court of Final Appeal against our judgment. 

3.  The applicant lodged his written submissions on 10 January 2019. In it, the applicant submitted that the adjudicator acted in a procedurally unfair manner in dealing with his application and that a decision of an administrative body could be set aside on the basis of irrationality.  The applicant also referred to s 37ZT of the Immigration Ordinance (Cap 115), which concerns the late filing of notice of appeal for the Torture Claims Appeal Board. 

4.  In our judgment, in the notice of motion and the submissions the applicant did not engage with our reasons (set out at [12] to [15] of our judgment) in dismissing his appeal. 

5.  We cannot discern any relevance of s 37ZT in the present case.

6.  The applicant did not meet the statutory criteria for granting leave to appeal to the Court of Final Appeal under section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance (Cap 484).  He failed to raise any question of great general or public importance for submission to the Court of Final Appeal for consideration.  Nor do we see any reason for leave to be granted under the “or otherwise” limb.   

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