Re Butt Muhammad Faisal

CAMP 66/2022, [2023] HKCA 1181

On Appeal From [2022] HKCFI 58

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO 66 OF 2022

(ON AN INTENDED APPEAL FROM HCAL NO 1999 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 19 July 2023 ([2023] HKCA 850) dismissing the applicant’s application to extend time to appeal against an order of DHCJ K. W. Lung given on 7 January 2022 in which he refused 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 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 19 July 2023, the applicant filed a Notice of Motion for leave to appeal against this court’s judgment to the Court of Final Appeal.

4.The applicant stated in his Notice of Motion that as the decisions of the Director of Immigration and the Torture Claims Appeal Board are not correct and the court did not give him justice, he wants to go to the Court of Final Appeal.

5.In his written submissions, he reiterated the problems he faced in his home country and the procedural history of his case. He also submitted that he will speak “for the great interest of all asylum seeker”.

6.As it is appropriate to do so, the Notice of Motion is determined on paper without an oral hearing.

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.The applicant’s grounds in the present application are just bare assertions without any basis. He has not identified any mistakes in the judgment of this court, or any question of great general or public importance which ought to be submitted to the Court of Final Appeal for decision 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 19 July 2023 is dismissed.

The applicant, unrepresented, acting in person