Shahin, Alias Shahin Sekh, Alias Khan Sujan, Alias Washim, Alias Shak Shahin v. Director of Immigration

CACV 12/2022

[2022] HKCA 1679

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 12 OF 2022

(ON APPEAL FROM HCAL NO 1375 OF 2018)

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J U D G M E N T

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Hon Kwan VP (handing down the Judgment of the Court):

1.This is the applicant’s application by Notice of Motion filed on 13 June 2022 for leave to appeal to the Court of Final Appeal against the judgment of the Court of Appeal (Kwan VP and Chu JA) handed down on 2 June 2022 ([2022] HKCA 769). The Court of Appeal rejected the applicant’s appeal against the decision of Deputy High Court Judge K W Lung on 31 December 2021 ([2021] HKCFI 3911) 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 13 June 2022 that the applicant shall lodge written submissions on or before 27 June 2022. It was further directed that the present Notice of Motion shall be determined on paper only without an oral hearing upon compliance with the said direction or the expiry of the time for complying with the direction. The applicant did not lodge any written submissions by the prescribed deadline. Having considered the papers of this case, 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 13 June 2022.

Analysis and disposition

4.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.

5.In the present application, the applicant did not put forward any grounds of appeal and 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). There is also no basis for granting leave on the ‘or otherwise’ limb under section 22(1)(b).

6.For the above reasons, we refuse to grant leave to appeal to the Court of Final Appeal and dismiss the Notice of Motion filed on 13 June 2022.

The Applicant (Appellant), acting in person