Re Resti Andriyani

CACV 547/2021, [2023] HKCA 810

On Appeal From [2021] HKCFI 3515

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 547 OF 2021

(ON APPEAL FROM HCAL NO 756 OF 2021)

____________________

____________________

___________________

J U D G M E N T

___________________

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

1.This court handed down judgment on 14 December 2022 ([2022] HKCA 1822) dismissing the applicant’s appeal against an order of DHCJ Bruno Chan given on 23 November 2021 in which he refused to grant leave to the applicant to apply for judicial review in respect of her 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 29 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 as grounds of appeal:

“Director of Immigration and Torture Claims Appeal Board dismissed my non refoulement claim. The High Court and the Court of Appeal dismissed my leave to apply for judicial review. All this judgments are not good for me. I want to go to CFA.”

5.In compliance with the directions of the Registrar of Civil Appeals made on 29 December 2022, the applicant lodged her written submissions on 12 January 2023.  As it is appropriate to do so, the Notice of Motion is determined on paper without an oral hearing.

6.In her written submissions, the applicant reiterated her allegations that she would face risk of loss of life upon her return to her home country as her enemy is powerful and there is no state protection. However, the Director of Immigration, the Torture Claims Appeal Board and the court rejected her claim.  She wants to go to the Court of Final Appeal to pursue her non-refoulement claim and she hope other asylum seekers can benefit from the result of her case.

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. 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 29 December 2022 is dismissed.

The applicant, unrepresented, acting in person