ALSAIED LOTFE SOBEHY RODOAN ALAISELY AND OTHERS v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

ALSAIED LOTFE SOBEHY RODOAN ALAISELY AND OTHERS v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

Leave was granted because the proposed grounds (failure to conduct child‑specific assessments and inadequate/improper assessment of COI and reasons) were reasonably arguable; the Director’s decision that there was no significant change or realistic prospect of success involved insufficient child‑specific inquiry and selective use of COI, warranting full judicial review of the refusal to permit subsequent claims.

Citation
[2025] HKCFI 374
Parties
1st Applicant: Alsaied Lotfe Sobehy Rodoan Alaisely; 2nd Applicant: Samar Mohamed Ali Hassan Amer; 3rd Applicant: Elsayed Raafat Elsayed Elsayed Koblan; 4th Applicant: Nermin Raafat Elsayed Elsayed Koblan; Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 February 2025
Case Number
HCAL1674/2023
Procedural Posture
Leave to Apply for Judicial Review of Refusal to Permit Subsequent Non Refoulement Claim / Leave Granted; Originating Summons to Be Issued Within 14 Days
Outcome
Leave to apply for judicial review granted to all four applicants as a family
Legal Topics
Non Refoulement, Unified Screening Mechanism, Subsequent Claim (s37 Zo), Torture and Persecution Risk, Child Specific Assessment, Country of Origin Information, Judicial Review Leave
Source Language
EN
Immigration Law Administrative Law Constitutional Law Human Rights Law Children Law Non Refoulement Unified Screening Mechanism Subsequent Claim (s37 Zo) +4 more

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Parties

Alsaied Lotfe Sobehy Rodoan Alaisely

1st Applicant

Samar Mohamed Ali Hassan Amer

2nd Applicant

Elsayed Raafat Elsayed Elsayed Koblan

3rd Applicant

Nermin Raafat Elsayed Elsayed Koblan

4th Applicant

Director of Immigration

Putative Respondent

Procedural Posture

Leave to Apply for Judicial Review of Refusal to Permit Subsequent Non Refoulement Claim / Leave Granted; Originating Summons to Be Issued Within 14 Days

Legal Issues

  1. 1 Whether there has been a significant change of circumstances under s37ZO to permit a subsequent claim
  2. 2 Whether the Director failed to conduct a child-specific assessment for minor applicants
  3. 3 Whether the Director improperly assessed or cherry-picked COI and failed to give adequate reasons

Ratio Decidendi

Leave was granted because the proposed grounds (failure to conduct child‑specific assessments and inadequate/improper assessment of COI and reasons) were reasonably arguable; the Director’s decision that there was no significant change or realistic prospect of success involved insufficient child‑specific inquiry and selective use of COI, warranting full judicial review of the refusal to permit subsequent claims.

Court Disposition

Leave to apply for judicial review granted to all four applicants as a family

Orders

  • Applicants to issue the Originating Summons within 14 days in accordance with Order 53 rule 5 RHC (Cap 4A)
  • Applicants to serve a copy of the Originating Summons with all relevant documents on the Director of Immigration