GOLE SURYA v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

GOLE SURYA v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

The Director lawfully concluded there was no significant change of circumstances and no realistic prospect of success for the subsequent claim; the Court found no error of law or procedural unfairness and dismissed the leave application, and an RPO was justified to prevent abuse of process by re-litigation of finally determined claims.

Citation
[2021] HKCFI 2709
Parties
Applicant: Gole Surya; Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 September 2021
Case Number
HCAL1155/2021
Procedural Posture
Application for Leave to Apply for Judicial Review (subsequent Non Refoulement Claim) / Leave Application Stage Decision on Leave and Application for Restricted Proceedings Order
Outcome
Leave to apply for judicial review refused; application dismissed; Restricted Proceedings Order made against applicant.
Legal Topics
Non Refoulement, Subsequent Claim, Restricted Proceedings Order, Abuse of Process, Judicial Review Leave, Torture Claim, State Protection, Internal Relocation
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Subsequent Claim Restricted Proceedings Order Abuse of Process +4 more

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Parties

Gole Surya

Applicant

Director of Immigration

Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review (subsequent Non Refoulement Claim) / Leave Application Stage Decision on Leave and Application for Restricted Proceedings Order

Legal Issues

  1. 1 Whether the applicant demonstrated a significant change of circumstances under s37ZO to give realistic prospect of success for a subsequent non-refoulement claim
  2. 2 Whether the Director's decision was Wednesbury unreasonable or procedurally unfair
  3. 3 Whether the applicant was re-litigating issues already finally determined

Ratio Decidendi

The Director lawfully concluded there was no significant change of circumstances and no realistic prospect of success for the subsequent claim; the Court found no error of law or procedural unfairness and dismissed the leave application, and an RPO was justified to prevent abuse of process by re-litigation of finally determined claims.

Court Disposition

Leave to apply for judicial review refused; application dismissed; Restricted Proceedings Order made against applicant.

Orders

  • Leave to apply for judicial review refused and the application dismissed.
  • RPO prohibiting commencement or continuation of any non-refoulement proceedings in the High Court without leave of the Court of First Instance.