Re Bilal

CAMP 31/2020

[2021] HKCA 330

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO 31 OF 2020

(ON AN INTENDED APPEAL FROM HCAL NO 318 OF 2018)

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Before:  Hon Yuen, Barma and Au JJA in Court

Date of Judgment: 22 March 2021

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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 (Hon Yuen and Au JJA) handed down judgment on 23 December 2020 ([2020] HKCA 1047) dismissing the applicant’s application to extend time to appeal an order of DHCJ Bruno Chan (“the Judge”) given on 3 January 2019 refusing to give the applicant leave to apply for judicial review in respect of his non‑refoulement claim.

2.On 14 February 2019, the applicant had filed a summons for leave to appeal out of time, which the Judge dismissed on 7 May 2019. 

3.On 7 May 2020, the applicant filed a summons in this court, which as mentioned earlier we dismissed on 23 December 2020.  The facts and issues in the intended appeal before this court, as well as the court’s reasons for dismissing it, are set out in our judgment and will not be repeated here.

4.On 12 January 2021, the applicant filed a Notice of Motion for leave to appeal this court’s judgment to the Court of Final Appeal. 

5.The Notice of Motion contains the following grounds of appeal:

“1. The learned Judges were wrong as a matter of law for not having applied the principle of irrationality to the decision made by the Director of Immigration refusing my application for Judicial Review.

2. There is some error in law in my decision. The decision maker just relied on COL information any my previous facts, which were favour on rejecting my claim.

3. Actual life occur different situation then what is mentioned in COL Information. Officer and courts prefers to ignore the overwhelming of the evidence of this violence towards minorities searching for unrealistic silver lining.

4. The Judge did not apply the law properly.”

6.On 14 January 2021, the Registrar of Civil Appeals directed that the applicant shall lodge his written submissions on or before 28 January 2021 but he failed to do so.  This Notice of Motion is therefore determined on paper without an oral hearing, which we consider appropriate.

7.Section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance provides that leave to appeal to the Court of Final Appeal may be granted if the question involved in the appeal is one which, by reason of its great general or public importance, or otherwise, ought to be submitted to the Court of Final Appeal for decision.

8.Having regard to the judgment of this court, the applicant’s intended appeal has no merits.  No question of great general or public importance has been identified as required by s.22(1)(b) of the HKCFAO.

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

10.By reason of the above, the Notice of Motion filed on 12 January 2021 is dismissed.

The applicant, unrepresented, acting in person