Nkwo Ikechukwu Leonard v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Read the full judgment text of CACV 315/2019 on BabelCite. This Court of Appeal judgment was delivered on 6 August 2020.
1. This court (Hon Yuen JA and Lisa Wong J) handed down judgment on 28 May 2020 ( [2020] HKCA 372 ) dismissing the applicant’s appeal from an order of DHCJ Woodcock given on 24 June 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.
Cited by 1 case · Cites 1 case
|
CACV 315/2019 [2020] HKCA 648 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF APPEAL CIVIL APPEAL NO 315 OF 2019 (ON APPEAL FROM HCAL NO 1701 OF 2018) _____________________ BETWEEN
_____________________ Before: Hon Yuen, Barma JJA and Lisa Wong J in Court Date of Written Submissions: 17 June 2020 Date of Judgment: 6 August 2020 ___________________ J U D G M E N T ___________________ Hon Yuen JA (giving the Judgment of the Court): 1.This court (Hon Yuen JA and Lisa Wong J) handed down judgment on 28 May 2020 ([2020] HKCA 372) dismissing the applicant’s appeal from an order of DHCJ Woodcock given on 24 June 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 5 June 2020, for leave to appeal to the Court of Final Appeal. 3.On 9 June 2020, the Registrar of Civil Appeals directed that the applicant shall lodge his written submissions on or before 19 June 2020, and the Notice of Motion shall be determined on paper only without an oral hearing. The applicant lodged his written submissions on 17 June 2020. We agree it is appropriate to determine this application on paper. 4.The applicant only stated the following in his Notice of Motion:
5.In the applicant’s submissions, he mainly repeated his claim that he is afraid to go back to his country as his life is in danger. He also complained that the decisions made by the Board and the Director of Immigration Department did not cover the general situation and issues in Nigeria. However, he did not address the reasons in this court’s judgment at all. 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 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 5 June 2020 is dismissed.
The applicant, unrepresented, acting in person. |
Cases cited in this judgment
Other judgments that cite this case
Further hearings and rulings under CACV 315/2019