ASHA DULLAH v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

ASHA DULLAH v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

No realistic prospect of success in the subsequent claim because the Director lawfully and reasonably found no significant change or supporting evidence; applicant's assertions were unsupported and amounted to re-litigation of previously rejected facts; therefore leave to apply for judicial review is refused and an RPO is justified to prevent abuse of process.

Citation
[2023] HKCFI 289
Parties
Applicant: Asha Dullah; Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 February 2023
Case Number
HCAL1244/2022
Procedural Posture
Application for Leave to Apply for Judicial Review (immigration Non Refoulement Subsequent Claim) / Determination (leave Refused and RPO Made)
Outcome
Application for leave to apply for judicial review dismissed; Restricted Proceedings Order made against applicant.
Legal Topics
Non Refoulement, Subsequent Claim Under S37 ZO, Leave to Apply for Judicial Review, Restricted Proceedings Order, Abuse of Process
Source Language
EN
Immigration Law Administrative Law Constitutional Law Non Refoulement Subsequent Claim Under S37 ZO Leave to Apply for Judicial Review Restricted Proceedings Order Abuse of Process

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Asha Dullah

Applicant

Director of Immigration

Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review (immigration Non Refoulement Subsequent Claim) / Determination (leave Refused and RPO Made)

Legal Issues

  1. 1 Whether the Director lawfully refused the subsequent non-refoulement claim under section 37ZO of the Immigration Ordinance
  2. 2 Whether there has been a significant change of circumstances giving the subsequent claim a realistic prospect of success
  3. 3 Whether a Restricted Proceedings Order (RPO) should be made to prevent abuse of process

Ratio Decidendi

No realistic prospect of success in the subsequent claim because the Director lawfully and reasonably found no significant change or supporting evidence; applicant's assertions were unsupported and amounted to re-litigation of previously rejected facts; therefore leave to apply for judicial review is refused and an RPO is justified to prevent abuse of process.

Court Disposition

Application for leave to apply for judicial review dismissed; Restricted Proceedings Order made against applicant.

Orders

  • Applicant prohibited from commencing or continuing any proceedings relating to any non-refoulement claim in the High Court or any appeal without leave of the Court of First Instance.
  • Leave applications must be made to Deputy High Court Judge K. W. Lung or designated judge.