Re Nwachukwu Chima Cosmas

CAMP 522/2021, [2023] HKCA 569

On Appeal From [2021] HKCFI 1340

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO 522 OF 2021

(ON AN INTENDED APPEAL FROM HCAL NO 1503 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 25 November 2022 ([2022] HKCA 1755) dismissing the applicant’s application to extend time to appeal against an order of DHCJ Bruno Chan given on 11 May 2021 in which he refused the applicant’s application for leave to apply for judicial review in respect of his non‑refoulement claim.

2.The facts and issues in the application 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 15 December 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 contains the following grounds of appeal:

“It is not proper for this court to only respect the decision of the Appeal Board and determine my case without conducting a hearing. I will face both BOR 2 and BOR 3 risks if am sent back to my country. The authority in my country will not protect me.”

5.In compliance with the directions of the Registrar of Civil Appeals made on 15 December 2022, the applicant lodged his written submissions on 29 December 2022.  As it is appropriate to do so, the Notice of Motion is determined on paper without an oral hearing.

6.In the applicant’s written submissions, he stated that his life would be in danger if he were to go back to Nigeria as the whole country is insecure in general especially for Christians who are targets of attack by Boko Haram terrorists and there is no state protection.  The political situation in Nigeria is not conducive for him to return and live in safety. 

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 the judgment of this court, the applicant’s intended appeal has no merit at all.  This court’s determination of his application for extension of time on the papers without an oral hearing was in accordance with Order 59 rule 14A(1) RHC.  No question of great general or public importance has been identified in the intended appeal 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 15 December 2022 is dismissed.