DINESH KUMAR v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

DINESH KUMAR v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

The Director did not err in refusing permission for a subsequent claim because the applicant failed to provide sufficient written evidence of a significant change of circumstances that, together with his prior material, would give the subsequent claim a realistic prospect of success; there was no error of law or procedural unfairness in the process and no prospect of success in judicial review, therefore leave is refused; because the applicant persistently sought to re-litigate a finally determined non-refoulement claim, his conduct constituted an abuse of process and met the statutory and inherent-jurisdiction criteria for a Restricted Proceedings Order, which was imposed with specified...

Citation
[2022] HKCFI 2265
Parties
Applicant: Dinesh Kumar; Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 July 2022
Case Number
HCAL412/2022
Procedural Posture
Application for Leave to Apply for Judicial Review (immigration/non Refoulement) / Leave Application Decided; Decision Refusing Leave and Making Restricted Proceedings Order
Outcome
Applicant's application for leave to apply for judicial review dismissed; a Restricted Proceedings Order made against the Applicant
Legal Topics
Non Refoulement, Subsequent Claim Under Section 37 ZO Immigration Ordinance, Restricted Proceedings Order (rpo) / Vexatious Proceedings, Abuse of Process, Leave to Apply for Judicial Review, Unified Screening Mechanism, Credibility and Internal Relocation
Source Language
EN
Administrative Law Immigration Law Constitutional Law Civil Procedure Non Refoulement Subsequent Claim Under Section 37 ZO Immigration Ordinance Restricted Proceedings Order (rpo) / Vexatious Proceedings Abuse of Process +3 more

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Parties

Dinesh Kumar

Applicant

Director of Immigration

Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review (immigration/non Refoulement) / Leave Application Decided; Decision Refusing Leave and Making Restricted Proceedings Order

Legal Issues

  1. 1 Whether the Director erred in refusing permission to make a subsequent non-refoulement claim under section 37ZO of the Immigration Ordinance
  2. 2 Whether there was a significant change of circumstances since the previous final determination sufficient to give the subsequent claim a realistic prospect of success
  3. 3 Whether there was any error of law or procedural unfairness in the Director's decision-making

Ratio Decidendi

The Director did not err in refusing permission for a subsequent claim because the applicant failed to provide sufficient written evidence of a significant change of circumstances that, together with his prior material, would give the subsequent claim a realistic prospect of success; there was no error of law or procedural unfairness in the process and no prospect of success in judicial review, therefore leave is refused; because the applicant persistently sought to re-litigate a finally determined non-refoulement claim, his conduct constituted an abuse of process and met the statutory and inherent-jurisdiction criteria for a Restricted Proceedings Order, which was imposed with specified...

Court Disposition

Applicant's application for leave to apply for judicial review dismissed; a Restricted Proceedings Order made against the Applicant

Orders

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