Alapee Azadi Begum v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office
Read the full judgment text of CAMP 501/2021 on BabelCite. This Court of Appeal judgment was delivered on 12 May 2022.
1. On 1 March 2022, this Court gave its judgment (“ the CA Judgment ”) dismissing the Applicant’s application for an extension of time to appeal against the decision made by Deputy High Court K W Lung on 16 July 2021 refusing leave to the Applicant to apply for judicial review.
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CAMP 501/2021 [2022] HKCA 615 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF APPEAL MISCELLANEOUS PROCEEDINGS NO 501 OF 2021 (ON AN INTENDED APPEAL FROM HCAL NO 2721 OF 2018) _________________
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_________________ J U D G M E N T _________________ Hon Chow JA (giving the Judgment of the Court): 1.On 1 March 2022, this Court gave its judgment (“the CA Judgment”) dismissing the Applicant’s application for an extension of time to appeal against the decision made by Deputy High Court K W Lung on 16 July 2021 refusing leave to the Applicant to apply for judicial review. 2.The Applicant now applies by Notice of Motion dated 12 April 2022 for leave to appeal the CA Judgment to the Court of Final Appeal. In the Notice of Motion, the following is stated:
3.In her written submissions dated 28 April 2022, the Applicant states that she cannot go back to her home country because her husband is working here and her daughter also has a visa to stay with her husband, and that she and her daughter are asylum seekers. 4.Under s 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance, Cap 484, an appeal shall lie to the Court of Final Appeal at the discretion of, inter alia, the Court of Appeal in any civil cause or matter if, in the opinion of the Court of Appeal 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. 5.No question of great general or public importance involved in the proposed appeal is identified in the Notice of Motion. We are unable to see any such question being involved in the proposed appeal. We are satisfied that the intended appeal has no merits and no reasonable prospect of success. There is also no basis to grant leave to appeal on the “or otherwise” limb in s 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance. 6.Accordingly, the application for leave to appeal is refused and the Notice of Motion is dismissed.
The Applicant, acting in person |
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