Farid v. Director of Immigration

CACV 247/2019

[2019] HKCA 1421

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 247 OF 2019

(ON APPEAL FROM HCAL NO 35 OF 2018)

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J U D G M E N T

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

1.This court handed down judgment on 15 November 2019 ([2019] HKCA 1267) dismissing the applicant’s appeal against an order of DHCJ Bruno Chan given on 31 May 2019 refusing his application for leave to apply for judicial review concerning his non‑refoulement claim. The facts and issues in the appeal before the Court of Appeal, as well as the court’s reasons for dismissing it, are set out in our judgment and will not be repeated here.

2.The applicant subsequently applied, by a Notice of Motion on 22 November 2019, for leave to appeal to the Court of Final Appeal.  He lodged his written submissions on 5 December 2019.

3.On 27 November 2019, the Registrar of Civil Appeals directed that the Notice of Motion shall be determined on paper only without an oral hearing.  We agree it is appropriate to determine this application on paper.

4.The applicant stated the following in the Notice of Motion.

“On 15 Nov 2019 the Honourable Judges of the Court of Appeal dismissed my leave to apply for judicial review, but the Judges did not show any good cause to dismiss my claim. I am not satisfy at all. But I have no way except going to the Court of Final Appeal. I wish the Court of Final Appeal will grant my JR as to help the oppressed people of Bangladeshi [community] of Hong Kong.” (sic)

5.The grounds advanced by the applicant did not constitute valid grounds for his leave application.  In his written submissions, he merely repeated the complaints which had already been dealt with by this court in paragraphs 8 - 9 of our judgment. 

6.Section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance (Cap. 484) provides that leave to appeal to the Court of Final Appeal may be granted at the discretion of the Court of Appeal or the Court of Final Appeal if the question involves great general or public importance or otherwise ought to be determined by the Court of Final Appeal.

7.No question of great general or public importance has been identified in the grounds in the Notice of Motion.

8.Nor do we see any basis for granting leave on the “or otherwise” limb under section 22(1)(b).   

9.By reason of the above, the Notice of Motion dated 22 November 2019 is dismissed.

The applicant, unrepresented, acting in person