Re Hafiz Ali Raza

CACV 148/2022

[2023] HKCA 319

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 148 OF 2022

(ON APPEAL FROM HCAL NO 601 OF 2019)

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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 29 August 2022 ([2022] HKCA 1291) dismissing the applicant’s appeal against an order of Campbell-Moffat J given on 7 April 2022 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 21 September 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 stated:

“I would like to inform to Court of Final Appeal. There is some error in law of my decision maker authorities to make decision. I am disagree with the decision maker authorities. There is no such investigation in my case just overall look outdated information provided on website. I do not think my case determined fairly.”

5.In compliance with the directions of the Registrar of Civil Appeals made on 21 September 2022, the applicant lodged his written submissions on 5 October 2022. This Notice of Motion is determined on paper without an oral hearing, which we consider appropriate.

6.In his written submissions, he complained of lack of language assistance and interpretation service, which he alleged deprived him of the basic right to understand the court process and the judgments. He alleged there was also a lack of assistance for him to pursue his claim on BOR 2 risk. He requested the Court of Appeal to investigate and correct the procedural unfairness and the misconduct of the decision-making authorities.

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. We have already discussed the matters in his submissions in our judgment and he has not shown any error in it.

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 21 September 2022 is dismissed.

The applicant, unrepresented, acting in person