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CAMP 590/2021
[2022] HKCA 1659
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
MISCELLANEOUS PROCEEDINGS NO 590 OF 2021
(ON AN INTENDED APPEAL FROM HCAL NO 826 OF 2019)
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Before: Hon G Lam and Chow JJA in Court
Date of Written Submissions: 19 October 2022
Date of Judgment: 23 November 2022
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J U D G M E N T
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Hon G Lam JA (giving the Judgment of the Court):
1. This is an application for leave to appeal to the Court of Final Appeal (“CFA”). The applicant’s claim for non-refoulement protection in Hong Kong was rejected by the Director of Immigration and by the Torture Claims Appeal Board/Non-refoulement Claims Petition Office (“Board”). His application for leave to apply for judicial review of the Board’s decision was dismissed by the Court of First Instance. His application for extension of time to appeal against that decision was dismissed by this Court in our judgment dated 16 August 2022.[1]
2. By Notice of Motion filed on 5 October 2022, the applicant seeks leave to appeal against our judgment to the CFA. In that document the applicant merely stated that he wanted to go to the CFA. In his affirmation he recognised that the application was made out of time. In his written submissions he said that he had “life problem” in his motherland, that there were many mistakes in the processing of his application for protection, and that he wanted to go to the CFA for himself and all his asylum-seeker friends.
3. There is no reason for us to depart from the usual practice of determining an application of this kind on the basis of the available materials without an oral hearing, as set out in paragraph 3 of Practice Direction 2.1.
4. We take the view that this application ought to be dismissed because the applicant has not shown that the intended appeal raises any question which, by reason of its great general or public importance, or otherwise, ought to be submitted to the CFA for decision (which is the condition for giving leave to appeal under section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance, Cap 484), and also because he has failed to show any prospects of success in the intended appeal. In addition, his application was made outside the time limit prescribed by section 24 of the Ordinance.
5. Accordingly, the Notice of Motion is dismissed.
| (Godfrey Lam) |
(Anderson Chow) |
| Justice of Appeal |
Justice of Appeal |
The Applicant, unrepresented, acting in person
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