RE KHAN MD OMAR

CACV 155/2019

[2019] HKCA 1049

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 155 OF 2019

(ON APPEAL FROM HCAL 1649/2018)

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JUDGMENT

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

1.  By a judgment dated 19 July 2019 ([2019] HKCA 803), the Court (Lam Ag CJHC and Andrew Chan J) dismissed the applicant’s appeal from the decision of Deputy High Court Judge K W Lung dated 15 March 2019 ([2019] HKCFI 625) refusing leave to apply for judicial review.

2.  On 22 July 2019, the applicant filed a notice of motion seeking leave from this Court to appeal to the Court of Final Appeal.  The ground relied on by the applicant therein was that the judgment was unreasonable.

3.  The applicant lodged a written submission on 5 August 2019 in support of the present application.  In it, after repeating the factual background of his case, the applicant stated the following reasons why he could not return to his own country:

(a)  He would be arrested, put in prison, and tortured if refouled;

(b)  His enemy was powerful in the government; and

(c)  The Director of Immigration refused to adjourn the screening interview despite he proved that he was sick at the time.

4.  The points raised by the applicant in the notice of motion and the written submissions do not constitute any question of great general or public importance.  We do not see any reasonably arguable merit for reversing our main judgment based on those points.  Nor do we see any reason to grant leave on the “or otherwise” limb. The statutory criteria 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).

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