Re Gurpreet Singh
Read the full judgment text of CAMP 100/2021 on BabelCite. This Court of Appeal judgment was delivered on 27 April 2022.
1. On 3 September 2021, this Court handed down our judgment [1] refusing to extend the time for the applicant to appeal the decision of Deputy High Court Judge Bruno Chan given on 22 September 2020 refusing him leave to apply for judicial review in respect of his non-refoulement claim.
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CAMP 100/2021 [2022] HKCA 549 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF APPEAL MISCELLANEOUS PROCEEDINGS NO. 100 OF 2021 (ON AN INTENDED APPEAL FROM HCAL NO. 733 of 2018) __________________________
__________________________ Before: Hon Chu and Au JJA in Court Date of Judgment: 27 April 2022 ________________ JUDGMENT ________________ Hon Chu JA giving the Judgment of the Court: 1.On 3 September 2021, this Court handed down our judgment[1] refusing to extend the time for the applicant to appeal the decision of Deputy High Court Judge Bruno Chan given on 22 September 2020 refusing him leave to apply for judicial review in respect of his non-refoulement claim. 2.On 15 September 2021, the applicant filed a notice of motion and an affirmation to apply for leave to appeal against our judgment to the Court of Final Appeal. He has also put in a written submission to support his application. 3.Having considered the applicant’s notice of motion, affirmation and written submission, we see no reason to depart from the usual practice of determining applications for leave to appeal to the Court of Final Appeal on paper without an oral hearing. We have therefore proceeded to determine the applicant’s application on the basis of the documents in the case. 4.The background to this case and the applicant’s claim have been set out in our judgment. We will not repeat them. 5.Under section 22(1)(b) of the Court of Final Appeal Ordinance, Cap. 484, 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. 6.The notice of motion and affirmation explained that the applicant’s delay was due to lack of knowledge and insufficient resources. Other than this, they do not contain any grounds in support of the application. 7.In the written submission, the applicant stated that:
8.We are of the view that the matters put forward by the applicant do not constitute viable grounds for granting leave to appeal to the Court of Final Appeal. Importantly, they only relate to the circumstances of the applicant, and do not involve any question of great general or public importance, as required by section 22(1)(b). Further, the intended appeal stems from the Director of Immigration’s further decision to reject the applicant’s non-refoulement claim on the BOR 2 risk ground. In his application for leave to apply for judicial review and the application to this Court for extension of time to appeal, the applicant had not provided any grounds to either challenge the Board’s dismissal of his appeal or the Judge’s refusal of leave to apply for judicial review. It is not open to the applicant to put forward new grounds in an application for leave to appeal to the Court of Final Appeal. In any event, these matters do not relate to this Court’s reasons for not extending the time for appealing the Judge’s decision. 9.We also do not see any basis for granting leave on the “otherwise” limb under section 22(1)(b). 10.As the statutory requirements for giving leave to appeal are not met, the application for leave to appeal is bound to fail. In the circumstances, it is futile to extend the time for making the application. Accordingly, we refuse to extend the time for applying for leave to appeal to the Court of Final Appeal and dismiss the notice of motion.
The applicant, unrepresented, acted in person. |
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