DIGGS BENJAMIN W v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

DIGGS BENJAMIN W v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

The Director lawfully refused permission for a subsequent claim because the Applicant failed to provide sufficient new evidence demonstrating a significant change of circumstances or a realistic prospect of success under s37ZO; there was no error of law or procedural unfairness in that decision, so leave for judicial review was refused, and a RPO was justified because the Applicant habitually and persistently sought to re‑litigate finally determined non‑refoulement claims, constituting abuse of process.

Citation
[2025] HKCFI 762
Parties
Applicant: Diggs Benjamin W; Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 March 2025
Case Number
HCAL2254/2024
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Refused; Order Made
Outcome
Leave to apply for judicial review refused; Restricted Proceedings Order made
Legal Topics
Non Refoulement, Subsequent Claim, Restricted Proceedings Order, Vexatious Litigation, Unified Screening Mechanism, Statutory Bars to Re‑litigation
Source Language
EN
Constitutional and Administrative Law Immigration Human Rights Public Law Non Refoulement Subsequent Claim Restricted Proceedings Order Vexatious Litigation +2 more

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Parties

Diggs Benjamin W

Applicant

Director of Immigration

Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Application Refused; Order Made

Legal Issues

  1. 1 Whether the Director lawfully refused permission to make a subsequent non‑refoulement claim under s37ZO of the Immigration Ordinance
  2. 2 Whether the Applicant established a significant change of circumstances and realistic prospect of success as required by s37ZO(2)
  3. 3 Whether leave for judicial review should be granted

Ratio Decidendi

The Director lawfully refused permission for a subsequent claim because the Applicant failed to provide sufficient new evidence demonstrating a significant change of circumstances or a realistic prospect of success under s37ZO; there was no error of law or procedural unfairness in that decision, so leave for judicial review was refused, and a RPO was justified because the Applicant habitually and persistently sought to re‑litigate finally determined non‑refoulement claims, constituting abuse of process.

Court Disposition

Leave to apply for judicial review refused; Restricted Proceedings Order made

Orders

  • Applicant prohibited from commencing or continuing any proceedings in the High Court relating to any non‑refoulement claim without the leave of a Judge of the Court of First Instance
  • All leave applications to be made to the Judge in charge of the Constitutional and Administrative Law List or a Judge designated by the Chief Judge