RE PARUSSALLA GAMARALALAGE THANUJA DARSHANI AMARAPALI

CAMP 518/2021, [2023] HKCA 565

On Appeal From [2021] HKCFI 1581

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO 518 OF 2021

(ON AN INTENDED APPEAL FROM HCAL NO 2833 OF 2018)

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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 November 2022 ([2022] HKCA 1698) dismissing the applicant’s application to extend time to appeal against an order of DHCJ To given on 2 June 2021 in which he refused the applicant’s application for leave to apply for judicial review in respect of her 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 30 November 2022, the applicant filed a Notice of Motion for leave to appeal this court’s judgment to the Court of Final Appeal.  

4.  The Notice of Motion contained the following:

“I would like to tell regarding my summons was dismissed by appeal court but I am not satisfied in this decision because when my oral hearing I explain my real problem to high court and I gave my document proof too regarding my problem but all my statement and my document proof all disregarded. The true problem is I am still scared to go at this time because my x boyfriend is a danger person if I go my life become uncertain if something happened to my life my daughter become helpless child. I like to explain properly in my oral hearing. Thank you for kind help to find the protection for my life.”

5.  In compliance with the directions of the Registrar of Civil Appeals made on 30 November 2022, the applicant lodged her written submissions on 12 December 2022.  As it is appropriate to do so, the Notice of Motion is determined on paper without an oral hearing.

6.  In the applicant’s written submissions, she merely repeated the contents of the Notice of Motion.

7.  Section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance (“HKCFAO”) (Cap. 484) 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.

8.  Having regard to the judgment of this court, the applicant’s intended appeal has no merit at all. No question of great general or public importance has been identified as required by section 22(1)(b) of the HKCFAO.     

9.  Nor do we see any basis for granting leave under the “or otherwise” limb under section 22(1)(b).

10.  By reason of the above, the Notice of Motion filed on 30 November 2022 is dismissed.