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Re Chowdhury Abdul Kader

Judgment Cited authorities 1 Cited in 1 Precedent Map Related
Vincent
Judgment Date01 February 2021
Neutral Citation[2021] HKCA 116
Judgement NumberCACV166/2020
Subject MatterCivil Appeal
CourtCourt of Appeal (Hong Kong)
CACV166A/2020 RE CHOWDHURY ABDUL KADER

CACV 166/2020

[2021] HKCA 116

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 166 OF 2020

(ON APPEAL FROM HCAL 202/2018)

____________________

RE: CHOWDHURY ABDUL KADER Applicant

____________________

Before: Hon Lam VP, Pang and Au JJA in Court
Date of Written Submissions: 21 December 2020
Date of Judgment: 1 February 2021

________________________

JUDGMENT

________________________

Hon Lam VP (giving the Judgment of the Court):

1. On 7 December 2020, the Applicant filed a Notice of Motion to apply for leave to appeal to the Court of Final Appeal against this Court’s judgment of 19 November 2020. In that judgment Lam VP and Pang JA dismissed the Applicant’s appeal against the decision of Deputy High Court Judge Bruno Chan (“the Judge”) on 1 June 2020 dismissing his application for leave to apply for judicial review.

2. Section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance, Cap 484 provides that an appeal shall lie to the Court of Final Appeal (“CFA”) at the discretion of this Court or the CFA 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 CFA for decision.

3. In his Notice of Motion, the Applicant put forward some general comments but did not engage with or pinpoint any specific legal error in our judgment.

4. Pursuant to the Court’s directions of 9 December 2020, the Applicant lodged his written submissions on 21 December 2020. Substantial parts of those submissions consist of generic arguments and again did not engage with or pinpoint any specific error in our judgment.

5. Parts of the submissions are clearly not related to the present case.

6. Some of the factual assertions at page 3 of his submissions (e.g. being detained by Delaware, or having a leadership role within a party) did not arise from the case he had all along advanced before the Director, the Board and the courts.

7. At pages 4 to 6 of his submissions the Applicant referred to his claim being rejected due to a certificate as to his level of party involvement being disbelieved in light of country of origin information indicating a high level of document fraud in Bangladesh. This argument is advanced on a false premise because the Applicant’s case was...

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1 cases
  • Chowdhury Abdul Kader v Director Of Immigration [Decision On Leave Application]
    • Hong Kong
    • Court of First Instance (Hong Kong)
    • 27 Mayo 2022
    ...of motion for leave to appeal against the Court of Appeal’s decision was also dismissed by the Court of Appeal on 1 February 2021 ([2021] HKCA 116), and then by the Appeal Committee of the Court of Final Appeal on 10 September 2021 under Rule 7 of the Hong Kong Court of Final Appeal Rules, ......

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