Re Zafar Iqbal

CACV 327/2021

[2023] HKCA 208

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 327 OF 2021

(ON APPEAL FROM HCAL NO 2644 OF 2018)

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J U D G M E N T

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Hon Yuen JA (giving the Judgment of the Court):

1.This court handed down judgment on 27 May 2022 ([2022] HKCA 724)  dismissing the applicant’s appeal against an order of DHCJ To given on 16 June 2021 refusing to grant leave to the applicant to apply for judicial review in respect of his non-refoulement claim.

2.The facts and issues in the appeal before this court, as well as the court’s reasons for dismissing it, are set out in our judgment and will not be repeated here.

3.On 24 June 2022, the applicant filed a Notice of Motion for leave to appeal this court’s judgment to the Court of Final Appeal.  

4.The Notice of Motion states the following as grounds of appeal:

“I want to apply my leave to appeal for judicial review in the Court of Final Appeal as I did not get justice from any stage like Director of Immigration or Torture Claims Appeal Board but the High Court and the Court of Appeal did not consider my points.”

5.In compliance with the directions of the Registrar of Civil Appeals made on 24 June 2022, the applicant lodged his written submissions on 8 July 2022.  As it is appropriate to do so, the Notice of Motion is determined on paper without an oral hearing.

6.In his written submissions, he reiterated the background of his case and his statement in the Notice of Motion.

7.Section 22(1)(b)  of the Hong Kong Court of Final Appeal Ordinance (“HKCFAO”)  (Cap. 484)  provides that leave to appeal to the Court of Final Appeal may be granted if 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.

8.Having regard to this court’s judgment, the applicant’s intended appeal has no merit at all.  No question of great general or public importance has been identified as required by section 22(1)(b)  of the HKCFAO.

9.Nor do we see any basis for granting leave under the “or otherwise” limb under section 22(1)(b).

10.By reason of the above, the Notice of Motion filed on 24 June 2022 is dismissed.

The applicant, unrepresented, acting in person