Read the full judgment text of CAMP 14/2020 on BabelCite. This Court of Appeal judgment was delivered on 22 March 2021 before Yuen JA, Barma JA, Au JA.
Immigration law – non-refoulement – judicial review – leave to appeal – extension of time – Court of Final Appeal – great general or public importance – s.22(1)(b) Hong Kong Court of Final Appeal Ordinance (Cap 484) – delay – no explanation – application dismissed – The applicant, an unsuccessful claimant for non-refoulement, was refused leave to apply for judicial review by DHCJ Bruno Chan on 3 October 2019. His subsequent applications for extension of time to appeal were dismissed by the Court of First Instance and the Court of Appeal (judgment on 5 August 2020). On 12 January 2021, the applicant filed a notice of motion for leave to appeal to the Court of Final Appeal, which was out of time by over 3 months. The Court of Appeal considered the length of delay (substantial), the lack of explanation, and the merits of the intended appeal. The applicant's grounds were vague and did not identify any question of great general or public importance as required under s.22(1)(b) of the HKCFAO. No basis for the 'or otherwise' limb was found. The court dismissed the notice of motion.
Legal issues: Leave to appeal to the Court of Final Appeal – extension of time and merits
Outcome: Application for leave to appeal to the Court of Final Appeal and for extension of time dismissed.
Cited by 4 cases · Cites 1 case