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Re Sri Indarsih

Judgment Cited in Precedent Map Related
Vincent
Judgment Date15 September 2021
Neutral Citation[2021] HKCA 1309
Year2021
Judgement NumberCACV440/2020
Subject MatterCivil Appeal
CourtCourt of Appeal (Hong Kong)
CACV440A/2020 RE SRI INDARSIH

CACV 440/2020

[2021] HKCA 1309

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 440 OF 2020

(ON APPEAL FROM HCAL NO 2150 OF 2018)

____________________

RE: SRI INDARSIH Applicant

____________________

Before: Hon Cheung, G Lam JJA and S T Poon J in Court

Date of Written Submissions: 7 June 2021

Date of Judgment: 15 September 2021

_________________

J U D G M E N T

_________________

Hon G Lam JA (giving the Judgment of the Court):

1. On 29 April 2021, this Court (Cheung, G Lam JJA and S T Poon J) handed down its judgment dismissing the applicant’s appeal against the decision of Deputy High Court Judge Bruno Chan given on 19 August 2020 in which he refused to grant leave to the applicant to apply for judicial review in relation to her non‑refoulement claim.

2. The facts and issues of the appeal as well as this Court’s reasons for dismissing it are set out in our judgment. We will not repeat them here.

3. The applicant now applies, by a Notice of Motion filed on 4 May 2021, for leave to appeal against our judgment to the Court of Final Appeal. The applicant stated in her Notice of Motion that there was some error in the decision without specifically stating what it was. She made certain broad and vague complaints including that the decision maker relied on country of origin information that was against her, that the Court ignored the evidence of violence towards minorities, and that there had been no fair assessment of her dangerous situation. None of these grounds is supported with any particulars.

4. The applicant’s written submissions recite certain background factual matters of her case and then set out various provisions of treaties, the Basic Law and statutes of Hong Kong and passages from previous non‑refoulement cases, without however in any way explaining how those materials relate and apply to the particular circumstances of her case.

5. 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 to be determined involves great general or public importance or otherwise ought to be determined by the Court of Final Appeal.

6. In our view, the matters stated by the applicant in her Notice of Motion and written submissions do not constitute grounds for...

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