Re Fitri Widianwati

CACV 56/2022

[2022] HKCA 1110

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 56 OF 2022

(ON APPEAL FROM HCAL NO 256 OF 2019)

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J U D G M E N T

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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 an Indonesian national whose claim for non-refoulement protection in Hong Kong was rejected by the Director of Immigration and by the Torture Claims Appeal Board/Non-refoulement Claims Petition Office (“Board”). Her application for leave to apply for judicial review of the Board’s decision was dismissed by the Court of First Instance.[1] Her appeal against that decision was dismissed by this Court in our judgment dated 23 June 2022.[2]

2.By Notice of Motion filed on 5 July 2022, the applicant seeks leave to appeal against our judgment to the CFA. In that document the applicant simply stated that she wanted to go to the CFA.

3.In her written submissions dated 19 July 2022, the applicant claimed that there were a lot of errors below but the court overlooked them and refused leave for judicial review. She did not give any particulars of the alleged errors.

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, as set out in paragraph 3 of Practice Direction 2.1.

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 she 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