Elube Dewayalage Kusumalatha Weerathunga v. Toture Claims Appeal Board / Non-refoulement Claims Petition Office

CACV 504/2020

[2021] HKCA 1032

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 504 OF 2020

(ON APPEAL FROM HCAL NO 2411 OF 2018)

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Before:  Hon Lam VP, Yuen JA and Lok J in Court

Date of Written Submissions: 2 July 2021

Date of Judgment: 20 July 2021

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J U D G M E N T

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Hon Lok J (giving the Judgment of the Court):

1.This court (Hon Lam VP, Yuen JA and Lok J) handed down judgment on 15 June 2021 ([2021] HKCA 861) dismissing the applicant’s appeal from an order of DHCJ K W Lung given on 27 July 2020 refusing her application for leave to apply for judicial review concerning her 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 23 June 2021, for leave to appeal to the Court of Final Appeal.

3.The applicant has lodged her written submissions on 2 July 2021 pursuant to Practice Direction 2.1.

4.The said Practice Direction also provides that, subject to any direction made by the court, such kind of leave applications will be dealt with and determined on paper without an oral hearing.  We agree it is appropriate to determine this application on paper. 

5.In her Notice of Motion, the applicant only stated that she is not satisfied with the decision of the Court of Appeal and requests more time to obtain documents to support her case. She also enclosed a letter dated 7 April 2021 with a view to support her allegation that her life would be in danger if she is refouled to Sri Lanka. The applicant repeated the same request for time to submit further documents in her written submissions, claiming that the present COVID-19 pandemic is causing her difficulty in obtaining the supporting documents.

6.The applicant has not provided any specific grounds of appeal.  Neither has she addressed the reasons of this court’s judgment in her Notice of Motion or the written submissions.

7.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. 

8.No question of great general or public importance has been identified in the Notice of Motion.

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

10.By reason of the above, the Notice of Motion dated 23 June 2021 is dismissed.

The applicant, unrepresented, acting in person.