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In The High Court of The Hong Kong Special Administrative Region Court of Appeal
In The High Court of The Hong Kong Special Administrative Region Court of Appeal
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CACV 31/2020 B
[2020] HKCA 813
C IN THE HIGH COURT OF THE C
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RE SUSANA Applicant
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Before: Hon Cheung, Chu and Barma JJA in Court
J Date of Judgment: 12 October 2020 J
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L JUDGMENT L
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T [2020] HKCA 684. T
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2. On 2 September 2020, the applicant filed a notice of motion to B
apply for leave to appeal against our judgment to the Court of Final
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Appeal. The applicant has also put in a letter dated 14 September 2020 in
J 4. The facts of this case have been set out in our judgment. We J
Ordinance, Cap. 484 provides that leave to appeal to the Court of Final
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Appeal may be granted if the question involved in the appeal is one which,
N by reason of its great general or public importance, or otherwise, ought to N
appeal:
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(1) The applicant still has problem in her country. If she
R returns, her life will become dangerous. The applicant R
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hospitalised. The loan shark is also looking for the B
applicant and will harm her.
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(2) The applicant never has a proper opportunity to explain
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7. In her letter, the applicant reiterated that she could not return
H to her country at this moment as her life would be in danger due to the H
threats from her ex-husband and his family. She stated that her ex-husband
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had once tried to kill her, and had tortured her many time before. In
J support of her case, the applicant attached a document to her letter which J
certifying that the applicant was examined on the same day and found to
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have bruises on her lower back and no treatment is needed.
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opportunity to explain her case. She was legally represented in the B
interview with the Department of Immigration. The Board as well as
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Deputy High Court Judge Lung had conducted oral hearings to hear her
D appeal and application. Her appeal to this Court was listed for an oral D
hearing, which was, however, vacated due to her failure to comply with the
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Court’s order to lodge written submission.
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11. For the above reasons, the applicant’s intended appeal to the
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Court of Final Appeal is unarguable. We also do not see any basis for
N granting leave on the “otherwise” limb under section 22(1)(b). N
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The applicant, unrepresented, acted in person. B
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