BUI THI THAM v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

BUI THI THAM v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

The immigration officer reasonably concluded there was no significant change of circumstances under s.37ZO and the applicant failed to show a realistic prospect of success; absence of a hearing did not render the procedure unfair because no specific issues requiring clarification were identified, therefore leave to apply for judicial review was dismissed.

Citation
[2026] HKCFI 1690
Parties
Applicant: Bui Thi Tham; Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
1 April 2026
Case Number
HCAL1651/2021
Procedural Posture
Leave to Apply for Judicial Review (immigration/subsequent Claim Under S.37 Zo) / Application for Leave (dismissed)
Outcome
Leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Subsequent Claim Procedure (section 37 Zo), Procedural Fairness/hearing, Torture Risk (part Viic), HKBOR Article 2 and Article 3, Refugee Convention Article 33
Source Language
EN
Immigration Law Constitutional and Administrative Law Human Rights Law Non Refoulement Subsequent Claim Procedure (section 37 Zo) Procedural Fairness/hearing Torture Risk (part Viic) HKBOR Article 2 and Article 3 +1 more

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Parties

Bui Thi Tham

Applicant

Director of Immigration

Putative Respondent

Procedural Posture

Leave to Apply for Judicial Review (immigration/subsequent Claim Under S.37 Zo) / Application for Leave (dismissed)

Legal Issues

  1. 1 Whether the immigration officer correctly applied section 37ZO to find no significant change of circumstances
  2. 2 Whether the applicant was denied procedural fairness by not being given a hearing
  3. 3 Whether the subsequent claim had a realistic prospect of success warranting leave to apply for judicial review

Ratio Decidendi

The immigration officer reasonably concluded there was no significant change of circumstances under s.37ZO and the applicant failed to show a realistic prospect of success; absence of a hearing did not render the procedure unfair because no specific issues requiring clarification were identified, therefore leave to apply for judicial review was dismissed.

Court Disposition

Leave to apply for judicial review dismissed.

Orders

  • Leave to apply for judicial review be dismissed.
  • The applicant's application is dismissed.