Case Document

100%Judiciary

CACV 504/2018

[2019] HKCA 358

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 504 OF 2018

(ON APPEAL FROM HCAL 36/2018)

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RE:

RAM ISHVER DASS

Applicant

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Before: Hon Lam VP, Poon JA and B Chu J in Court

Date of Written Submissions: 28 January 2019

Date of Judgment: 29 March 2019

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JUDGMENT

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

1.By a judgment dated 10 January 2019 ([2019] HKCA 27), the Court (Lam VP and B Chu J) dismissed the applicant’s appeal from the decision of Deputy High Court Judge Bruno Chan dated 28 September 2018 ([2018] HKCFI 2188) refusing leave to apply for judicial review.

2.In his notice of motion filed on 14 January 2019, the applicant relied on these grounds for seeking leave to appeal to the Court of Final Appeal:

“ I am not satisfied with the decision because my life is not [safe] in my own country. Please keep me to protect my life from danger. I hope I will get your kind favour. I am looking forwards your kind attention over my application.” (sic)

3.In his written submissions lodged on 28 January 2019, the applicant alluded to his personal circumstances and reiterated his perceived fear of threat if refouled.

4.The matters raised by the applicant in the notice of motion and the written submissions do not raise any question of great general or public importance. Nor do we see any reason to grant leave on the “or otherwise” limb. The statutory criteria for granting leave to appeal to the Court of Final Appeal is therefore not met: section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance (Cap 484).

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