ALI MALIK v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

ALI MALIK v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

Leave to apply for judicial review refused because the applicant relied on the same facts as his finally determined previous claim, failed to demonstrate a significant change of circumstances under s37ZO or a realistic prospect of success, and an RPO was justified to prevent abuse of process.

Source-derived case information.

Citation
[2023] HKCFI 2208
Parties
Applicant: Ali Malik; Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 September 2023
Case Number
HCAL667/2023
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application / Notification of Judge's Decision
Outcome
Leave to apply for judicial review refused; Restricted Proceedings Order made against the applicant.
Legal Topics
Non Refoulement, Restricted Proceedings Order, Subsequent Claim, Abuse of Process
Source Language
en
Immigration Constitutional and Administrative Law Human Rights Non Refoulement Restricted Proceedings Order Subsequent Claim Abuse of Process

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Parties

Ali Malik

Applicant

Director of Immigration

Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Application / Notification of Judge's Decision

Legal Issues

  1. 1 Whether the applicant satisfied section 37ZO by demonstrating a significant change of circumstances since the previous claim
  2. 2 Whether the subsequent claim has a realistic prospect of success
  3. 3 Whether a Restricted Proceedings Order should be imposed to prevent abuse of process

Ratio Decidendi

Leave to apply for judicial review refused because the applicant relied on the same facts as his finally determined previous claim, failed to demonstrate a significant change of circumstances under s37ZO or a realistic prospect of success, and an RPO was justified to prevent abuse of process.

Court Disposition

Leave to apply for judicial review refused; Restricted Proceedings Order made against the applicant.

Orders

  • (1) Applicant prohibited from commencing any fresh proceedings or continuing existing proceedings relating to any non-refoulement claim in the High Court or any appeal without leave of the Court of First Instance.
  • (2) All applications for leave under paragraph (1) to be made to Deputy High Court Judge K.W. Lung or in his absence the Judge in charge of the Constitutional and Administrative Law List or such other Judge as designated by the Chief Judge of the High Court.