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CAMP 82/2021
[2021] HKCA 1645
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
MISCELLANEOUS PROCEEDINGS NO. 82 OF 2021
(ON AN INTENDED APPEAL FROM HCAL NO. 315 OF 2018)
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| BETWEEN |
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SAKATTER SINGH |
Applicant |
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DIRECTOR OF IMMIGRATION |
Putative
Respondent |
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Before: Hon Au and Chow JJA in Court
Date of Written Submission: 29 October 2021
Date of Judgment: 10 November 2021
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JUDGMENT
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Hon Chow JA (giving the Judgment of the Court):
1. On 15 October 2021, this Court gave its judgment (“the CA Judgment”) dismissing the Applicant’s application for extension of time to appeal the decision of Deputy High Court Judge Bruno Chan dated 23 June 2020 refusing to grant to the Applicant leave to apply for judicial review of the decision of the Torture Claims Appeal Board / Non-refoulement Claims Petition Office dated 22 December 2017.
2. The Applicant now applies by Notice of Motion dated 25 October 2021 for leave to appeal the CA Judgment to the Court of Final Appeal. In the Notice of Motion, the following is stated:
“I am late for apply due to lack of knowledge and insufficient sources. Please accept my filling applications so that I can process my case further. I hope I will get your favour.”
3. Under s 22(1)(b) of the Hong Kong Court of Final Ordinance, Cap 484, an appeal shall lie to the Court of Final Appeal at the discretion of, inter alia, the Court of Appeal in any civil cause or matter if, in the opinion of the Court of Appeal 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. No question of great general or public importance involved in the proposed appeal is identified in the Notice of Motion. We are unable to see any such question being involved in the proposed appeal. There is also no basis to grant leave to appeal on the “otherwise” limb in s 22(1)(b) of the Hong Kong Court of Final Ordinance.
5. Accordingly, the application for leave to appeal is refused and the Notice of Motion is dismissed.
| (Thomas Au) |
(Anderson Chow) |
| Justice of Appeal |
Justice of Appeal |
The Applicant, acting in person
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