Gurvinder Singh v. Director of Immigration

CACV 49/2022

[2022] HKCA 1547

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 49 OF 2022

(ON APPEAL FROM HCAL NO 1460 OF 2021)

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Before:  Hon Kwan VP and Chow JA in Court

Date of Written Submissions:  23 June 2022

Date of Judgment:  21 October 2022

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J U D G M E N T

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Hon Kwan VP (giving the Judgment of the Court):

1.This is the applicant’s application by Notice of Motion filed on 9 June 2022 for leave to appeal to the Court of Final Appeal against the judgment of the Court of Appeal (Kwan VP and Chow JA) handed down on 2 June 2022 ([2022] HKCA 775). The Court of Appeal rejected the applicant’s appeal against the decision of Deputy High Court Judge K W Lung on 30 December 2021 ([2021] HKCFI 3844) refusing to grant leave for the applicant to seek judicial review against the decision of the Director of Immigration concerning his non-refoulement claim.

2.Pursuant to paragraph 3 of Practice Direction 2.1, the Registrar of Civil Appeals had directed on 9 June 2022 that the Notice of Motion shall be determined on paper without an oral hearing. The applicant lodged his written submissions on 23 June 2022. Having considered his written submissions and the papers, we think it is appropriate to determine this application on paper and proceed to do so.

Grounds of appeal

3.The applicant only stated that he wants to go to the Court of Final Appeal but did not state any specific grounds of appeal in the Notice of Motion filed on 9 June 2022.

4.In his written submissions, he repeated the procedural history of his case and the problems he encountered in his home country without putting forward any specific arguments against the decision of the Court of Appeal.

Analysis and disposition

5.Section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance (Cap 484) provides that an appeal shall lie to the Court of Final Appeal at the discretion of the Court of Appeal or the Court of Final Appeal, from any judgment of the Court of Appeal in any civil cause or matter, whether final or interlocutory, if, in the opinion of the Court of Appeal or the Court of Final Appeal, as the case may be, 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.In the present application, the applicant did not put forward any grounds of appeal against the decision of the Court of Appeal. Moreover, he failed to identify any question of great general or public importance which ought to be submitted to the Court of Final Appeal for determination in accordance with section 22(1)(b) despite his bare assertion in his written submissions that all his asylum friends are facing the same problem. There is also no basis for granting leave on the ‘or otherwise’ limb under section 22(1)(b).

7.For the above reasons, we refuse to give leave to appeal to the Court of Final Appeal and dismiss the Notice of Motion filed on 9 June 2022.

The Applicant, acting in person