ASLAM MOHAMMAD v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

ASLAM MOHAMMAD v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

Leave to apply for judicial review was refused because the applicant failed to demonstrate the significant change of circumstances required by s37ZO; the Director's decision was neither legally flawed nor irrational; given the applicant's persistent attempts to re-litigate resolved issues without viable grounds, a proportionate Restricted Proceedings Order was justified to prevent abuse of process.

Citation
[2021] HKCFI 2507
Parties
Applicant: Aslam Mohammad; Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 September 2021
Case Number
HCAL781/2021
Procedural Posture
Application for Leave to Apply for Judicial Review (subsequent Non Refoulement Claim) / Leave Application / Notification of Decision
Outcome
Application for leave to apply for judicial review dismissed; Restricted Proceedings Order made against applicant
Legal Topics
Non Refoulement, Subsequent Claim Under Section 37 ZO, Restricted Proceedings Order (rpo), Judicial Review Leave
Source Language
EN
Immigration Administrative Law Constitutional Law Non Refoulement Subsequent Claim Under Section 37 ZO Restricted Proceedings Order (rpo) Judicial Review Leave

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Parties

Aslam Mohammad

Applicant

Director of Immigration

Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review (subsequent Non Refoulement Claim) / Leave Application / Notification of Decision

Legal Issues

  1. 1 Whether the applicant established a significant change of circumstances under s37ZO Immigration Ordinance to justify a subsequent claim
  2. 2 Whether the Director of Immigration's refusal was Wednesbury unreasonable or procedurally unfair
  3. 3 Whether a Restricted Proceedings Order is justified to prevent abuse of process

Ratio Decidendi

Leave to apply for judicial review was refused because the applicant failed to demonstrate the significant change of circumstances required by s37ZO; the Director's decision was neither legally flawed nor irrational; given the applicant's persistent attempts to re-litigate resolved issues without viable grounds, a proportionate Restricted Proceedings Order was justified to prevent abuse of process.

Court Disposition

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

Orders

  • Leave to apply for judicial review refused.
  • A Restricted Proceedings Order (RPO) prohibiting the applicant from commencing or continuing any proceedings relating to any non-refoulement claim in the High Court without leave of the Court of First Instance.