Re Maria Michael Mkwera

CAMP 225/2021

[2022] HKCA 125

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO 225 OF 2021

(ON AN INTENDED APPEAL FROM HCAL NO 493 OF 2018)

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Before: Hon Au and Chow JJA in Court

Date of Judgment:  25 January 2022

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J U D G M E N T

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

1.On 23 December 2021, the applicant filed a Notice of Motion to apply for leave to appeal to the Court of Final Appeal against this Court’s (Au and Chow JJA) judgment of 16 December 2021 (“the Judgment”) ([2021] HKCA 1899). In the Judgment, we dismissed the applicant’s application for extension of time to appeal against the decision of Deputy High Court Judge Bruno Chan (“the Deputy Judge”) dated 3 August 2020, by which the Deputy Judge refused to grant extension of time to the applicant for her application for leave to apply for judicial review, and further dismissed her application for leave to apply for judicial review ([2020] HKCFI 1676).

2.The facts and issues in the appeal, as well as this Court’s reasons for dismissing it, are set out in the Judgment.  We will not repeat them here.  After reviewing the Notice of Motion, we see no reason to deviate from the usual practice to consider this application on paper pursuant to paragraph 3 of Practice Direction 2.1.

3.Section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance, Cap 484 (“the HKCFAO”) provides that an appeal shall lie to the Court of Final Appeal at the discretion of this Court or the Court of Final Appeal 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.

4.In her Notice of Motion, the applicant stated:

“THE DIRECTOR OF IMMIGRATION REJECTED MY NON-REFOULEMENT CLAIM. TORTURE CLAIM APPEAL BOARD TOO REJECTED MY CLAIM. THE HIGH COURT AND THE COURT OF APPEAL DISMISSED MY CLAIM. I WANT TO APPLY TO THE COURT OF FINAL APPEAL” (sic)

5.Contrary to Practice Direction 2.1, the applicant failed to lodge any written submissions in support of the present application.

6.In our view, the applicant’s application is devoid of merits.  None of the matters raised in her Notice of Motion has identified any specific error in the Judgment.  Her assertions are all general, bare and vague allegations unsupported by specific particulars or elaboration or how they are relevant to her case.  Clearly, they do not constitute proper grounds of appeal.

7.Accordingly, the applicant has failed to identify any question of great general or public importance, as required by section 22(1)(b) of the HKCFAO.  We also do not see any basis for granting leave on the “or otherwise” limb under section 22(1)(b) of the HKCFAO.

8.For these reasons, the Notice of Motion filed on 23 December 2021 is dismissed.

The applicant acting in person