Read the full judgment text of CACV 251/2022 on BabelCite. This Court of Appeal judgment was delivered on 3 May 2024 before Cheung JA, Barma JA.
Civil procedure – leave to appeal to Court of Final Appeal – non-refoulement claim – application out of time – lack of language assistance – high standard of fairness – no question of great general or public importance – notice of motion dismissed – extension of time refused. The applicant, a non-refoulement claimant, applied out of time for leave to appeal to the Court of Final Appeal against the Court of Appeal's dismissal of his appeal from the refusal of leave for judicial review. The grounds centred on lack of language assistance. The Court held that the high standard of fairness does not require free legal or language assistance at all stages, and no question of great general or public importance was raised. The notice of motion was dismissed and extension of time refused.
Legal issues: Leave to appeal to Court of Final Appeal under section 22(1)(b) HKCFAO
Outcome: Notice of motion dismissed; leave to appeal to Court of Final Appeal refused.
Cited by 3 cases · Cites 5 cases