Re Hossain Mohammad Lokman

CAMP 61/2021

[2022] HKCA 1889

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO 61 OF 2021

(ON AN INTENDED APPEAL FROM HCAL 3009 OF 2018)

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Before: Hon Barma JA and Au JA in Court

Date of Judgment:  30 December 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 25 November 2021, this court (Barma JA and Au JA) handed down a judgment dismissing the applicant’s application for extension of time to appeal against the decision of Deputy High Court Judge KW Lung given on 7 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 dismissing the decision of the Director of Immigration rejecting his non-refoulement claim.

2.The facts and issues in the application, 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 24 May 2022, for leave to appeal to the Court of Final Appeal.  In the Notice of Motion, the applicant simply stated that he would like the Court of Final Appeal to consider his application for leave to apply for judicial review.

4.In the affirmation filed on 24 May 2022, the applicant merely acknowledged the delay in his application, without providing any reasons.

5.In breach of the directions by the Registrar of Civil Appeals, the applicant failed to lodge written submissions with the court. He is thus deemed to have abandoned his right to rely on written submissions.

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.  The delay of over 5 months is substantial, and the present application is liable to be dismissed on this basis alone.  However, we have nonetheless proceeded to consider the merits of the application.

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 therefore 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 24 May 2022 is dismissed.

The applicant acting in person