Re Khan Mohammad Shaidul Islam

CACV 564/2020

[2022] HKCA 917

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 564 OF 2020

(ON APPEAL FROM HCAL 1497 OF 2019)

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Before:  Hon Barma JA and K Yeung J in Court

Date of Judgment:  5 July 2022

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J U D G M E N T

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

1.On 17 August 2021, this court (Barma JA and K Yeung J) handed down a judgment dismissing the applicant’s appeal against the decision of Deputy High Court Judge Bruno Chan given on 3 August 2020 refusing leave to the applicant to apply for judicial review. The applicant had sought to review the decision of the Torture Claims Appeal Board, which dismissed his appeal against the decision of the Director of Immigration.

2.The facts and issues in the appeal, as well as the court’s reasons for dismissing it, are set out in our judgment.[1]  We will not repeat them here.

3.The applicant subsequently applied, by a Notice of Motion filed out of time on 19 October 2021, for leave to appeal to the Court of Final Appeal.  The applicant simply stated in the Notion of Motion that he wished to “go to the Court of Final Appeal”.

4.In the affirmation filed on 19 October 2021, the applicant merely acknowledged that his application for leave was out of time, and asked this court to “accept [his] application”.  

5.In breach of Practice Direction 2.1, the applicant failed to lodge any written submissions with the court.

6.Having considered the applicant’s Notice of Motion and affirmation, we see no reason to depart from the usual practice of determining an application of this kind on the papers.  We have, therefore, determined the applicant’s application on the basis of the documents filed.

7.The applicant failed to explain how and when he eventually came to know about the judgment of this court.  We are therefore of the view that the applicant has failed to provide a reasonable explanation for the delay.

8.In any event, the matters advanced by the applicant do not constitute grounds for granting leave to appeal to the Court of Final Appeal. The applicant has failed to identify any question of great general or public importance for the Court of Final Appeal to determine, as required by section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance, Cap 484.  Nor is any such question apparent to us from the matters he has raised.

9.None of the matters stated in the Notice of Motion are in our view reasonably arguable before the Court of Final Appeal. We also do not see any basis for granting leave on the “otherwise” limb under section 22(1)(b).

10.For these reasons, the Notice of Motion filed on 19 October 2021 is dismissed.

The applicant acting in person