Re Win Aung
Read the full judgment text of CAMP 229/2022 on BabelCite. This Court of Appeal judgment was delivered on 10 November 2022.
1. This is an application for leave to appeal to the Court of Final Appeal (“CFA”). The applicant’s 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”). His application for leave to apply for judicial review of the Board’s decision was dismissed by the Court of First Instance. His application for extension of time to appeal against that decision was dismissed by this
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CAMP 229/2022 [2022] HKCA 1616 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF APPEAL MISCELLANEOUS PROCEEDINGS NO 229 OF 2022 (ON AN INTENDED APPEAL FROM HCAL NO 2970 OF 2018) ____________________
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_________________ 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’s 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”). His application for leave to apply for judicial review of the Board’s decision was dismissed by the Court of First Instance. His application for extension of time to appeal against that decision was dismissed by this Court in our judgment dated 29 September 2022.[1] 2.By Notice of Motion filed on 29 September 2022, the applicant seeks leave to appeal against our judgment to the CFA. In that document the applicant merely stated that he wanted to go to the CFA. 3.Despite having acknowledged the directions for written submissions to be lodged with the court by 13 October 2022, the applicant has not to date lodged any submissions for the present application. 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. 4.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. 5.Accordingly, the Notice of Motion is dismissed.
The Applicant, unrepresented, acting in person |
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