RUSTAM KHAN AND ANOTHER v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

RUSTAM KHAN AND ANOTHER v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

Extension of time was refused because the applicants had an inordinate and unexplained delay of about three weeks, the intended challenge had no reasonable prospects of success given prior adverse findings and adequate consideration of minor-specific issues, and the Director lawfully and fairly applied s37ZO; consequently leave was dismissed and a RPO was justified to prevent further abuse of process.

Citation
[2023] HKCFI 1921
Parties
1st Applicant: Rustam Khan; 2nd Applicant: Rahab Khan; Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 July 2023
Case Number
HCAL915/2022
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Extension of Time and Leave Application; Consideration of Restricted Proceedings Order
Outcome
Application for leave to apply for judicial review dismissed; extension of time refused; Restricted Proceedings Order made against the applicants.
Legal Topics
Non Refoulement, Torture Claims, Subsequent Claim Under S37 ZO, Extension of Time for Judicial Review, Restricted Proceedings Order, Abuse of Process, Leave to Apply for Judicial Review
Source Language
EN
Constitutional Law Administrative Law Immigration Law Public Law Non Refoulement Torture Claims Subsequent Claim Under S37 ZO Extension of Time for Judicial Review +3 more

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Parties

Rustam Khan

1st Applicant

Rahab Khan

2nd Applicant

Director of Immigration

Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Decision on Extension of Time and Leave Application; Consideration of Restricted Proceedings Order

Legal Issues

  1. 1 Whether to extend time for the leave application
  2. 2 Whether the applicants satisfied s37ZO to make a subsequent non-refoulement claim
  3. 3 Whether the Director erred in law or acted procedurally unfairly in refusing the subsequent claim

Ratio Decidendi

Extension of time was refused because the applicants had an inordinate and unexplained delay of about three weeks, the intended challenge had no reasonable prospects of success given prior adverse findings and adequate consideration of minor-specific issues, and the Director lawfully and fairly applied s37ZO; consequently leave was dismissed and a RPO was justified to prevent further abuse of process.

Court Disposition

Application for leave to apply for judicial review dismissed; extension of time refused; Restricted Proceedings Order made against the applicants.

Orders

  • Extension of time for the application for leave to apply for judicial review refused
  • Leave application for judicial review dismissed