RE NDIAYE DIAFFE

CACV 349/2022, [2025] HKCA 144

On Appeal From [2024] HKCA 617

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 349 OF 2022

(ON APPEAL FROM HCAL NO 604 OF 2019)

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J U D G M E N T

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Hon Au JA (giving the Judgment of the Court):

1.  On 19 August 2024, the applicant filed a Notice of Motion to apply for leave to appeal to the Court of Final Appeal against this Court’s judgment of 24 July 2024 (“the Judgment”) ([2024] HKCA 617).  In the Judgment, we dismissed the applicant’s appeal against the decision of Deputy High Court Judge Bruno Chan (“the Deputy Judge”) dated 3 August 2022, by which the Deputy Judge dismissed his application for leave to apply for judicial review ([2022] HKCFI 2368).

2.  The facts and issues in the appeal, as well as this court’s reasons for dismissing it, are set out in the Judgment.  We will not repeat them here.  After reviewing the Notice of Motion, we see no reason to deviate from the usual practice to consider this application on paper pursuant to paragraph 3 of Practice Direction 2.1.

3.  Section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance, Cap 484 (“the HKCFAO”) provides that an appeal shall lie to the Court of Final Appeal at the discretion of this court or the Court of Final Appeal 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.

4.  In his Notice of Motion, the applicant merely stated:

“I did not get justice from High Court and Court of Appeal. I want to go to the Court of Final Appeal.” (sic)

5.  Pursuant to Practice Direction 2.1, the applicant lodged his written submissions on 2 September 2024.  In those submissions, he repeated the factual basis and procedural history of his non-refoulement claim.  He further repeated that given the pressure and threats, he fled to Hong Kong to save his life.

6.  In our view, the applicant’s application is a non-starter.  His assertions are all vague, bare and unsupported by any specific particular or evidence.  General assertions of his fear if refouled do not constitute proper grounds of appeal: Re Saldua Dorothy Trifalgar [2022] HKCA 627 at [6].  More importantly, he fails to point out any error in the Judgment.  Clearly, his assertions do not constitute proper grounds of appeal.

7.  Further and in any event, even taking his case at its highest, his allegations remain fact-specific and do not relate to any question of great general or public importance.

8.  Accordingly, the applicant has failed to identify any question of great general or public importance, as required by section 22(1)(b) of the HKCFAO.  We also do not see any basis for granting leave on the “or otherwise” limb under section 22(1)(b) of the HKCFAO.

9.  For these reasons, the applicant’s intended appeal has no merit.  Accordingly, the Notice of Motion filed on 19 August 2024 is dismissed.