Fiasat v. Wesley Wong, Esq.

CAMP 225/2020

[2022] HKCA 407

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO 225 OF 2020

(ON AN INTENDED APPEAL FROM HCAL NO 1370 OF 2018)

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Before:  Hon Kwan VP and Au JA in Court

Date of Judgment:  25 March 2022

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J U D G M E N T

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Hon Kwan VP (giving the Judgment of the Court):

1.This is the applicant’s Notice of Motion for leave to appeal to the Court of Final Appeal against the judgment of the Court of Appeal (Kwan VP and Au JA) handed down on 6 September 2021 ([2021] HKCA 1258). The Court of Appeal refused to grant extension of time for the applicant to appeal against the decision of Deputy High Court Judge K W Lung dated 17 July 2019 ([2019] HKCFI 1777) refusing to grant leave to apply for judicial review concerning his non-refoulement claim.

2.Pursuant to paragraph 3 of Practice Direction 2.1, the Registrar of Civil Appeals had directed on 16 September 2021 that the Notice of Motion shall be determined on paper only without an oral hearing and the applicant shall lodge written submissions on or before 30 September 2021. The applicant failed to lodge his written submissions as directed. Having considered the papers of this case, we think it appropriate to determine this application on paper and proceed to do so.

3.The applicant is a national of Pakistan. He entered Hong Kong illegally on 28 July 2015 and surrendered to the Immigration Department on 5 August 2015. He lodged his non‑refoulement claim on 5 November 2015. His claim was made on the basis that he will be harmed or killed by the members of a Sunni organization and their associates related to a terrorist group, the Taliban, if he returns to Pakistan.

4.He took out a summons in the court below to seek an extension of time to appeal against the decision of the judge. His application was late by eight days. It was refused by DHCJ Bruno Chan on 7 October 2020^[1].

5.The applicant renewed his application to the Court of Appeal on 30 November 2020. The application was dismissed by the Court of Appeal on 6 September 2021 because there is no prospect of success in the intended appeal.

Grounds of appeal

6.In the Notice of Motion filed on 16 September 2021, the applicant stated the following as his grounds of appeal:

“I would like to infomr [sic] the Honourable Court that there is some error in law in my decision. Decision maker just relied on COL [sic] information and my previous facts which were in favor while rejecting my claim. Acual [sic] life occur different situation then what is mentioned in COL [sic] Information. The Officer and cours [sic] prefers to ignore the overwheming [sic] of the evidence of this violence towards minorities searching for unrealistic silver lining. The Decision is betrary [sic] a bias and formula approach unlikely fairly access the danger of my life and clearly not reasonable.”

Analysis and disposition

7.Section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance (Cap 484) provides that an appeal shall lie to the Court of Final Appeal at the discretion of the Court of Appeal or the Court of Final Appeal, from any judgment of the Court of Appeal in any civil cause or matter, whether final or interlocutory, if, in the opinion of the Court of Appeal or the Court of Final Appeal, as the case may be, 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.The applicant’s grounds are just bare assertions without particulars, elaboration and evidence in support. He failed to demonstrate that the Court of Appeal was wrong in dismissing his application for extension of time to appeal. Besides, he has not identified any question of great general or public importance which ought to be submitted to the Court of Final Appeal for determination in accordance with section 22(1)(b). There is also no basis for granting leave on the ‘or otherwise’ limb under section 22(1)(b).

9.For the above reasons, we refuse to give leave to appeal to the Court of Final Appeal and dismiss the Notice of Motion filed on 16 September 2021.

The Applicant, acting in person