Hong Kong Judgment

Court of Appeal

RE MOHAMMED ABDUL JALIL

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The Notice of Motion was dismissed because the applicant did not identify a question of great general or public importance under s22(1)(b) Cap 484, provided no particulars or reasonably arguable grounds, and breached directions by failing to file written submissions, so there was no basis to grant leave including under the "otherwise" limb.

Court disposition

Notice of Motion dated 4 June 2025 dismissed

Orders

  • Notice of Motion dated 4 June 2025 dismissed

02

Material facts

Parties

Mohammed Abdul Jalil

Applicant Counsel: Acting in person

03

Procedural history

  1. Posture

    Application for Leave to Appeal to the Court of Final Appeal / Application in the Court of Appeal Determined on the Papers

04

Questions and positions

Legal issues

Party arguments

Applicant
Applicant contended the proceedings before the Torture Claims Appeal Board were improper and lacked fairness and sought leave to appeal against refusals to grant leave for judicial review and to extend time.
Respondent
No substantive respondent submissions; the court concluded the applicant failed to identify any question of great general or public importance as required by section 22(1)(b) Cap 484, failed to provide particulars or reasonably arguable grounds, breached Registrar's directions by not filing written submissions (deemed abandonment), and raised no basis under the "otherwise" limb.

05

Court’s reasoning

  1. 01

    Hong Kong Court of Final Appeal Ordinance, Cap 484, s22(1)(b)

    Leave to the Court of Final Appeal requires an arguable question of great general or public importance

  2. 02

    Court of Appeal practice and directions

    Applications of this kind may be determined on the papers where appropriate

  3. 03

    Court of Appeal procedural practice and this judgment

    Failure to comply with directions to file written submissions is treated as abandonment of reliance on those submissions; sufficient particulars and reasonably arguable grounds are required when seeking leave to appeal

06

Ratio, limits and disposition

Ratio decidendi

The Notice of Motion was dismissed because the applicant did not identify a question of great general or public importance under s22(1)(b) Cap 484, provided no particulars or reasonably arguable grounds, and breached directions by failing to file written submissions, so there was no basis to grant leave including under the "otherwise" limb.

Obiter and limits

  • The court will not repeat reasons given in its earlier judgment
  • Failure to lodge written submissions in breach of directions results in deemed abandonment of reliance on them
  • Determination on the papers is the usual practice for applications of this type

Court disposition

Notice of Motion dated 4 June 2025 dismissed

  • Notice of Motion dated 4 June 2025 dismissed

Source and reliance status

Court of Appeal · 14 May 2026

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Judgment reading view

Judgment text

The complete available source text.

Source document

Court of Appeal

Judgment· 14 May 2026

[2026] HKCA 950

CAMP 270/2023, [2026] HKCA 950 On appeal from [2022] HKCFI 870

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL MISCELLANEOUS PROCEEDINGS NO 270 OF 2023 (ON AN INTENDED APPEAL FROM HCAL 2411/2019) -------------------------------------- RE:

MOHAMMED ABDUL JALIL Applicant -------------------------------------- Before: Hon Cheung JA and Barma JA in Court Date of Judgment: 14 May 2026 _______

J U D G M E N T _______ Hon Barma JA (giving the Judgment of the Court): On 15 May 2025, this court (Cheung JA and Barma JA) handed down a judgment dismissing the applicant’s application for extension of time to appeal against the decision of DHCJ Bruno Chan dated 26 October 2022 refusing to extend time for the applicant to appeal against his decision dated 24 March 2022 refusing to grant leave to the applicant to apply for judicial review. The applicant had sought to review the decision of the Torture Claims Appeal Board (“the Board”) dismissing his appeal against the decision of the Director of Immigration rejecting his nonrefoulement claim. The facts and issues in the applicant’s application, as well as the court’s reasons for dismissing it, are set out in our judgment. We will not repeat them here. The applicant subsequently applied, by a Notice of Motion filed on 4 June 2025, for leave to appeal to the Court of Final Appeal. In the Notice of Motion, the applicant repeated his complaints against the Board, contending inter alia that the proceedings before it were improper and lacked fairness. In breach of the directions made by the Registrar of Civil Appeals, the applicant failed to lodge written submissions. He is thus deemed to have abandoned his right to rely on written submissions in the present application. Having considered the applicant’s Notice of

Motion, we see no reason to depart from the usual practice of determining an application of this kind on the papers. We have, therefore, determined the applicant’s application on the basis of the documents filed. 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 he has raised. The Notice of Motion failed to provide any particulars in the supposed errors in our judgment and it raises no ground that is reasonably arguable before the Court of Final Appeal. We also do not see any basis for granting leave on the “otherwise” limb under section 22(1)(b). For these reasons, the Notice of Motion dated 4 June 2025 is dismissed. (Peter Cheung) (Aarif Barma) Justice of Appeal Justice of Appeal The applicant acting in person

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Hong Kong Court of Final Appeal Ordinance, Cap 484, s22(1)(b)

Legislation

Legislation referenced in the available case record.

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