Your World of Legal Intelligence
 Hong Kong | 1-800-335-6202

Re Alaya And Another

Judgment Cited authorities 1 Cited in Precedent Map Related
Vincent
Judgment Date16 June 2021
Neutral Citation[2021] HKCA 868
Year2021
Judgement NumberCAMP74/2020
Subject MatterMiscellaneous Proceedings
CourtCourt of Appeal (Hong Kong)
CAMP74A/2020 RE ALAYA AND ANOTHER

CAMP 74/2020

[2021] HKCA 868

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO 74 OF 2020

(ON AN INTENDED APPEAL FROM HCAL NO 865 OF 2017)

_______________

RE: ALAYA 1st Applicant
JAKIR ANAS POOL 2nd Applicant

_______________

Before: Hon Cheung and Au JJA in Court

Date of Written Submissions: 25 March 2021

Date of Judgment: 16 June 2021

_______________

J U D G M E N T

_______________

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

1. On 11 March 2021, the 1st applicant on behalf of the 2nd applicant and herself filed a Notice of Motion to apply for leave to appeal to the Court of Final Appeal against this Court (Cheung and Au JJA)’s judgment of 1 March 2021 (“the Judgment”) [2021] HKCA 206. In the Judgment, we refused to grant extension of time to the applicants to appeal the decision of Deputy High Court Judge Bruno Chan on 13 February 2019, refusing to grant them leave to apply for judicial review.

2. The facts and issues in the appeal, as well as the Court’s reasons for dismissing it, are set out in the Judgment. We will not repeat them here. After reviewing the Notice of Motion, we see no reason to deviate from the usual practice to consider this application on paper pursuant to paragraph 3 of Practice Direction 2.1.

3. Under section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance (Cap 484), leave to appeal to the Court of Final Appeal will only 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.

4. In the Notice of Motion, the 1st applicant raised the following grounds of appeal:

“I ALAYA, My life is still in Danger My home Country, I was returned to Bangladesh. I would like to inform the Honourable Court that there is some error in law in my decision. Decision maker just relied on COL information and my previous facts which were in favor while rejecting my claims. Actual life occur different situation then what is mentioned in COL information. The officer and courts perfect to ignore the overwhelming of the evidence of this violence towards minorities Searching for unrealistic silver lining. The decision is betray a bias and formula approach unlikely fairly access the dangerous of my life...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT