GURVINDER SINGH v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

GURVINDER SINGH v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

Leave to apply for judicial review was refused because the subsequent claim did not demonstrate a significant change of circumstances under section 37ZO; the additional material was hearsay and repetitive of the original claim and therefore did not give a realistic prospect of success; there was no procedural...

Source-derived case information.

Citation
[2021] HKCFI 3844
Parties
Applicant: Gurvinder Singh; Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 December 2021
Case Number
HCAL1460/2021
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Refused; Notification of Decision and RPO Hearing
Outcome
Application for leave dismissed; Restricted Proceedings Order made against the applicant.
Legal Topics
Non Refoulement, Subsequent Claim Under Section 37 ZO, Restricted Proceedings Order, Abuse of Process, Judicial Review Leave to Apply
Source Language
en
Immigration Administrative Law Constitutional Law Public Law Non Refoulement Subsequent Claim Under Section 37 ZO Restricted Proceedings Order Abuse of Process +1 more

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Parties

Gurvinder Singh

Applicant

Director of Immigration

Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Application Refused; Notification of Decision and RPO Hearing

Legal Issues

  1. 1 Whether the Director lawfully refused the applicant's subsequent non-refoulement claim
  2. 2 Whether the subsequent claim disclosed a significant change of circumstances under section 37ZO
  3. 3 Whether there was procedural unfairness in the Director's decision-making

Ratio Decidendi

Leave to apply for judicial review was refused because the subsequent claim did not demonstrate a significant change of circumstances under section 37ZO; the additional material was hearsay and repetitive of the original claim and therefore did not give a realistic prospect of success; there was no procedural unfairness or Wednesbury irrationality in the Director's decision; an RPO was justified to prevent abuse of process given the applicant's history of re-litigating the same claim to remain in Hong Kong.

Court Disposition

Application for leave dismissed; Restricted Proceedings Order made against the applicant.

Orders

  • Applicant prohibited from commencing fresh proceedings or continuing existing proceedings relating to any non-refoulement claim in the Court of First Instance without leave of the Court of First Instance.
  • All leave applications under this order to be made to Deputy Judge K. W. Lung or in his absence the Judge in charge of the Constitutional and Administrative Law List or such other Judge as designated by the Chief Judge.