Re Araliya Kankanamge Nadeep Suranga

CAMP 523/2021

[2022] HKCA 904

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO 523 OF 2021

(ON AN INTENDED APPEAL FROM HCAL NO 867 OF 2019)

____________

____________

Before:  Hon Chu and G Lam JJA in Court

Date of Written Submissions:  10 June 2022

Date of Judgment:  28 June 2022

_________________

J U D G M E N T

_________________

Hon G Lam JA (giving the Judgment of the Court):

1.This is an application for leave to appeal to the Court of Final Appeal (“CFA”). The applicant is a Sri Lankan national whose attempt to make a subsequent claim for non-refoulement protection in Hong Kong (after his first claim was withdrawn) was rejected by the Director of Immigration. His application for leave to apply for judicial review of the Director’s decision was dismissed by the Court of First Instance.[1] His application for extension of time to appeal against that decision was dismissed by this Court in our judgment dated 20 May 2022.[2]

2.By Notice of Motion filed on 1 June 2022, the applicant seeks leave to appeal against our judgment to the CFA. In that document the applicant stated that he accepted that he was unable to submit his supporting documents but still he had problems in his country, and that he would try to submit documents at an oral hearing.

3.In his written submissions lodged on 10 June 2022, the applicant stated that his enemies belonged to the ruling party and that they were very dangerous people and could do any harm to his life. To those submissions the applicant attached (i) a letter dated 14 November 2005 from his mother to the UNHCR Hong Kong enclosing her affidavit which was to similar effect as the applicant’s father’s affidavit referred to in our Judgment of 20 May 2022 at §14; (ii) an undated letter from one Wajira Abeywardena (Member of Parliament) to the UNHCR in Hong Kong stating that the applicant supported the UNP, that due to political rivalry he was under pressure from political opponents and his life was threatened, and that he should find political asylum in a foreign country to save his life; (iii) the applicant’s father’s letter dated 18 December 2012 and affidavit dated 21 October 2021 (which had been exhibited before as referred to in our Judgment of 20 May 2022 at §14); and (iv) another undated letter from one Wajira Abeywardana (spelt “Abeywardana”, compared to “Abeywardena” in (ii) above), who claimed to be the Chairman of the UNP, to the same effect as the letter in (ii) above. None of these documents, it seems to us, show that there has been any significant change of circumstances since the applicant withdrew his first claim in September 2011. Nor has the applicant explained why some of these documents were not submitted before.

4.There is no reason for us to depart from the usual practice of determining an application of this kind on the basis of the available materials without an oral hearing.

5.We take the view that this application ought to be dismissed because the applicant has not shown that the intended appeal raises any question which, by reason of its great general or public importance, or otherwise, ought to be submitted to the CFA for decision (which is the condition for giving leave to appeal under section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance, Cap 484), and also because he has failed to show any prospects of success in the intended appeal.

6.Accordingly, the Notice of Motion is dismissed.

The Applicant, unrepresented, acting in person

[1]  [2021] HKCFI 1949.

[2]  [2022] HKCA 687.