Re Khalilur Rahman

CACV 307/2018

[2019] HKCA 19

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 307 OF 2018

(ON APPEAL FROM HCAL 702/2017)

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Before:  Hon Lam VP, M Poon and L Chan JJ in Court

Date of Written Submissions:  13 November 2018

Date of Judgment:  11 January 2019

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J U D G M E N T

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Hon Lam VP (giving the Judgment of the Court):

1.By our judgment dated 29 October 2018 (published as [2018] HKCA 765), we dismissed the applicant’s appeal from the decision of Campbell-Moffat J dated 6 July 2018 (published as [2018] HKCFI 1216) refusing leave to apply for judicial review.

2.By his notice of motion filed on 30 October 2018, the applicant seeks leave to appeal to the Court of Final Appeal.

3.In his written submissions lodged on 13 November 2018, the applicant stated his life was in danger in his home country, and that he could not take the risk to return there.  He further submitted that high standards of fairness were required for the court in determining a torture claim. 

4.We have read the applicant’s Notice of Motion and submissions. In those documents, the applicant did not raise any question of great general or public importance for the Court of Final Appeal to determine. There is also no basis to leave to be granted on the “or otherwise” limb. The statutory criterion under section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance (Cap 484) for granting leave to appeal to the Court of Final Appeal is not met.

5.Accordingly, we dismiss the application for leave to appeal to the Court of Final Appeal.

The applicant acting in person