Re Gurpreet Singh

CACV 316/2021

[2021] HKCA 1882

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 316 OF 2021

(ON APPEAL FROM HCAL NO 1313 OF 2018)

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Before:  Hon Yuen and Chow JJA in Court

Date of Written Submissions: 26 October 2021

Date of Judgment:  15 December 2021

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JUDGMENT

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Hon Yuen JA (giving the Judgment of the Court):

1.This court (Yuen and Chow JJA) handed down judgment on 20 September 2021 ([2021] HKCA 1358) dismissing the applicant’s appeal against an order of DHCJ Bruno Chan (“the Judge”) given on 8 June 2021 refusing to grant leave to the applicant to apply for judicial review in respect of his non‑refoulement claim (“the Judge’s Decision”).

2.On 21 June 2021, the applicant had filed a Notice of Appeal to appeal against the Judge’s Decision.  As mentioned earlier, in our judgment of 20 September 2021, we dismissed the applicant’s appeal.  The facts and issues in the 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.

3.On 12 October 2021, the applicant filed a Notice of Motion for leave to appeal this court’s judgment to the Court of Final Appeal on the following grounds:

“I would like to inform Court of Final Appeal. I am totally disagree with the decision maker authorities and the Court Judgment as well. There is no such investigation in my Non-Refoulement claim the authorities totally relied on web information and my previous facts which were faver on Reject my claim. Officer and court prefers to ignore the overwhelming of the evidence of the violence toward a bias and Formula approach unlikely fairly access the danger of my life and clearly calcute (sic) to reject my claim.”

4.In compliance with the directions made by the Registrar of Civil Appeals made on 12 October 2021 and Practice Direction 2.1, the applicant lodged his written submissions on 26 October 2021.  In his written submissions, in gist, he disagreed with the Director’s and the Board’s decisions as they were determined unfairly.  He complained of the lack of legal and language assistance for his non-refoulement claim. Lastly, he contended that the Board’s decision and adverse findings on his credibility should be subject to review and it was unfair for the Judges to say that the court would not interfere with such findings.

5.The Registrar further directed that the Notice of Motion shall be determined on paper only without an oral hearing.  As it is appropriate to do so, we proceed to determine this application on paper. 

6.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.

7.The applicant failed to identify any error of law or raise any discernible ground in his Notice of Motion and written submissions to reverse our judgment.  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.    

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

9.By reason of the above, the Notice of Motion filed on 12 October 2021 is dismissed.

The applicant acting in person