Re Shrestha Sani

CACV 311/2024, [2025] HKCA 292

On Appeal From [2025] HKCA 38

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 311 OF 2024

(ON APPEAL FROM HCAL 1471/2019)

-----------------------------------

-----------------------------------

___________________

J U D G M E N T

___________________

Hon Cheng J (giving the Judgment of the Court):

1.On 2 January 2025, this court (Barma JA and Cheng J) handed down a judgment dismissing the applicant’s appeal against the decision of Deputy High Court Judge Bruno Chan given on 30 July 2024 refusing leave to the applicant to apply for judicial review. The applicant had sought to review the decision of the Torture Claims Appeal Board refusing her application for late filing of a notice of appeal against the decision of the Director of Immigration rejecting her non-refoulement claim.

2.The facts and issues in the appeal, as well as the court’s reasons for dismissing it, are set out in our judgment.[1] We will not repeat them here.

3.The applicant subsequently applied, by a Notice of Motion filed on 9 January 2025, for leave to appeal to the Court of Final Appeal. In the Notice of Motion, the applicant stated:

“I would like to inform the Court of Final Appeal. There are some error in my law maker authorities. The Respondents is in breach of procedural fairness. The Respondents had unlawfully fettered his discretion by refused my appeal on the grounds that they did not satisfy the requirements. The adjudicator acted in a procedural unfairness in dealing with my appeal.”

4.The applicant failed to lodge any written submissions with this Court as directed by the Registrar of Civil Appeals. She is thus deemed to have abandoned her right to rely on written submissions, and we have therefore determined the applicant’s application on the basis of the documents filed.

5.The matters stated by the applicant do not constitute grounds for granting leave to appeal to the Court of Final Appeal. The applicant has failed to identify any question of great general or public importance for the Court of Final Appeal to determine, as required by section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance, Cap 484. Nor is any such question apparent to us from the matters she has raised.

6.The Notice of Motion does not identify any supposed error in our judgment and they raise no ground that is reasonably arguable before the Court of Final Appeal.

7.We also do not see any basis for granting leave on the “otherwise” limb under section 22(1)(b).

8.For these reasons, the Notice of Motion dated 9 January 2025 is dismissed.

The applicant acting in person