Re Chua Berbina Gavino

CAMP 407/2021

[2023] HKCA 5

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO 407 OF 2021

(ON AN INTENDED APPEAL FROM HCAL 2695/2018)

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Before:  Hon Yuen JA and Barma JA in Court

Date of Judgment:  11 January 2023

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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 22 April 2022, this court (Yuen JA and Barma JA)  handed down a judgment dismissing the applicant’s application for extension of time to appeal against the decision of DHCJ KW Lung dated 27 May 2021 refusing to grant 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 appeal from the decision of the Director of Immigration rejecting her non-refoulement claim.

2.The facts and issues in the applicant’s 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 on 26 April 2022, for leave to appeal to the Court of Final Appeal.  In the Notice of Motion, the applicant claimed, essentially, that neither language assistance nor legal representation was provided to her in the processing of her non-refoulement claim.

4.In the written submissions lodged on 10 May 2022, the applicant repeated her complaints as stated in the Notice of Motion, claiming that this court’s judgment “does not make logical sense”.

5.Having considered the applicant’s Notice of Motion and written submissions, 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.

6.The matters stated 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 she has raised.

7.Neither the Notice of Motion nor the written submissions identify any supposed error in our judgment and they raise no ground that is reasonably arguable before the Court of Final Appeal.

8.We also do not see any basis for granting leave on the “otherwise” limb under section 22(1)(b).

9.For these reasons, the Notice of Motion dated 26 April 2022 is dismissed.

The applicant acting in person