Read the full judgment text of CACV 316/2019 on BabelCite. This Court of Appeal judgment was delivered on 1 February 2021 before Lam VP, Yuen JA, Chu JA.
Civil procedure – leave to appeal to Court of Final Appeal – judicial review – non-refoulement / torture claims – mixed race minor – whether question of great general or public importance – Hong Kong Court of Final Appeal Ordinance, Cap 484, s.22(1)(b) – Applicants acting in person – mother's fear of returning to the Philippines and risk of discrimination to her minor daughter of mixed race born out of wedlock – Board's assessment of daughter's claim separately from mother's claim – risk of discrimination, potential statelessness, and risk posed by mother's husband considered – Fabio Arlyn Timogan v Evan Ruth, Esq, Adjudicator of the Torture Claims Appeal Board, [2020] HKCA 971 applied – Court of Appeal's earlier judgment in CACV 316/2019 dismissed appeal against Deputy High Court Judge Bruno Chan's dismissal of leave to apply for judicial review – Notice of Motion for leave to appeal to CFA filed out of time – no specific grounds or errors identified – no reasonably arguable ground of appeal on the merits – no question of great general or public importance raised – leave to appeal to CFA refused – Notice of Motion dismissed.
Legal issues: Whether leave to appeal to the Court of Final Appeal should be granted under s.22(1)(b) of the Hong Kong Court of Final Appeal Ordinance
Outcome: Leave to appeal to the Court of Final Appeal refused; the Applicants' Notice of Motion dismissed.
Cited by 19 cases · Cites 3 cases