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CAMP 198/2021
[2022] HKCA 1451
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
MISCELLANEOUS PROCEEDINGS NO 198 OF 2021
(ON AN INTENDED APPEAL FROM HCAL NO 1225 OF 2018)
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| RE: |
AAMIR SOHAIL |
Applicant |
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Before: Hon Yuen and Barma JJA in Court
Date of Written Submissions: 25 May 2022
Date of Judgment: 30 September 2022
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J U D G M E N T
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Hon Yuen JA (giving the Judgment of the Court):
1. This court handed down judgment on 18 March 2022 ([2022] HKCA 404) dismissing the applicant’s application to extend time to appeal against an order of DHCJ K W Lung given on 1 March 2021 refusing to grant leave to apply for judicial review in respect of his non‑refoulement claim.
2. The facts and issues in the application before this court, as well as the court’s reasons for dismissing it, are set out in our judgment and will not be repeated here.
3. On 11 May 2022, the applicant filed a Notice of Motion for leave to appeal this court’s judgment to the Court of Final Appeal. However, it was out of time, as s.24(2) of Hong Kong Court of Final Appeal Ordinance (“HKCFAO”) Cap. 484 stipulates that the deadline for filing an appeal from a judgment of the Court of Appeal is 28 days from the date of the judgment to be appealed from. The last day for filing the Notice of Motion expired on 19 April 2022.
4. However, under s.24(5) and s.24(6) of the HKCFAO, the Court of Appeal has a discretion to extend the appeal period even though the application for extension is not made until after the expiration of that period. In the exercise of our discretion whether or not to extend the appeal period, we should consider the length of the delay, the applicant’s reasons for the delay, the merits of the intended appeal, and whether any prejudice would be suffered by the other party.
5. In the present case, the applicant was late for more than 3 weeks which is substantial. He did not explain his delay in his Notice of Motion or supporting affirmation.
6. In any event, the applicant has not shown any merits in his intended application for leave to appeal to the Court of Final Appeal. He only said the following in the Notice of Motion:
“The High Court and the Court of Appeal dismissed my leave to apply for judicial review but I wish the Court of Final Appeal will consider my leave to apply for judicial review.”
7. In compliance with the directions of the Registrar of Civil Appeals made on 11 May 2022, the applicant lodged his written submissions in support of the Notice of Motion on 25 May 2022. This Notice of Motion is determined on paper without an oral hearing, which we consider appropriate.
8. In his written submissions, he said that he cannot go back to Pakistan as his enemies are still looking for him and no one from his home country is willing to help as his enemies are powerful. He urged this Court to grant him leave to appeal to the Court of Final Appeal.
9. Section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance provides that leave to appeal to the Court of Final Appeal may be granted 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.
10. The applicant’s submissions did not engage with our judgment and there are no valid grounds in the intended appeal. No question of great general or public importance has been identified as required by s.22(1)(b) of the HKCFAO.
11. Nor do we see any basis for leave under the “or otherwise” limb under s.22(1)(b).
12. By reason of the above, the Notice of Motion filed on 11 May 2022 is dismissed.
(Maria Yuen)
Justice of Appeal
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(Aarif Barma)
Justice of Appeal
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The applicant, unrepresented, acting in person
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