Re Mizan Sikder

CACV 377/2018

[2019] HKCA 477

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 377 OF 2018

(ON APPEAL FROM HCAL 48/2018)

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Before: Hon Lam, Kwan VPP and McWalters JA in Court

Date of Written Submissions: 27 February 2019

Date of Judgment: 7 May 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 the judgment dated 11 January 2019 (published as [2019] HKCA 20), we dismissed the applicant’s appeal from the decision of Deputy High Court Judge Bruno Chan dated 3 August 2018 (published as [2018] HKCFI 1593) refusing leave to apply for judicial review.

2.By his notice of motion filed on 21 January 2019, the applicant sought leave to appeal to the Court of Final Appeal against the judgment on the ground that he would face danger of being harmed or killed by the supporters of his rival political party if he returned to Bangladesh. 

3.In his written submissions lodged on 27 February 2019, the applicant referred to the current political situation in Bangladesh and submitted that he would be accused of false allegation if returned.

4.At [13] – [17] of the judgment, we explained the reasons for rejecting his appeal.  In this application, the applicant did not engage with our reasons.  He has not demonstrated on any reasonably arguable basis that we were wrong in dismissing his appeal.

5.The matters raised by the applicant in the notice of motion and the written submissions do not involve any question of great general or public importance.  There is no reason for us to grant leave on the “or otherwise” limb.  The statutory criterion 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).

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

The applicant acting in person