Read the full judgment text of CAMP 25A/2019 on BabelCite. This Court of Appeal judgment was delivered on 25 August 2020 before Lam VP, Barma JA, Au JA.
Miscellaneous proceedings – leave to appeal to Court of Final Appeal – second application for leave to appeal – abuse of process – High Court Ordinance (Cap 4) s.14AB – High Court Ordinance (Cap 4) s.14AA – effect of H v Director of Immigration [2020] HKCFA 22 – refusal of extension of time for judicial review – inexcusable delay – challenge lacking merit – irrationality and procedural unfairness – whether CFA decision assists applicant – whether second application an abuse of process – practice regarding withdrawal of notice of motion – applicant acting in person. The applicant, Rini Artini, sought to challenge the Director of Immigration's decision of 21 November 2018 refusing her application for judicial review. The Court of Appeal's earlier judgment of 12 June 2019 held there was inexcusable delay in bringing the judicial review application and that the challenge to the Board's decision had no merit, see [18] to [24]. The applicant's first notice of motion for leave to appeal to the CFA was dismissed by Lam VP on 28 June 2019 under s.14AB of the High Court Ordinance (Cap 4). She then filed a second notice of motion on 3 July 2020. After the CFA's decision in H v Director of Immigration [2020] HKCFA 22, holding that s.14AA leave is not required for an appeal concerning refusal of extension of time for judicial review, the applicant sought to withdraw the second notice of motion on 11 August 2020. The Court of Appeal held that the second application constituted an abuse of process by virtue of the earlier dismissal. It further held that H v Director of Immigration did not assist the applicant because the present application concerned refusal of s.14AA leave, reversal of which would not automatically lead to success, and the court would not grant an extension of time for a futile appeal. The court followed its established practice of dismissing rather than granting leave to withdraw, and ordered the notice of motion of 3 July 2020 struck out and dismissed.
Legal issues: Abuse of process in second application for leave to appeal to CFA · Effect of H v Director of Immigration on the second application · Withdrawal of notice of motion versus dismissal
Outcome: Applicant's Notice of Motion of 3 July 2020 struck out and dismissed.
Cited by 24 cases · Cites 3 cases