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

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

Director's decision to refuse the subsequent claim was lawful and reasonable because the applicant relied on the same or similar facts previously rejected and did not demonstrate a significant change of circumstances under s37ZO; the Board's adverse credibility finding stands; leave to apply for judicial review is refused and an RPO is necessary to prevent abuse of process.

Citation
[2022] HKCFI 2797
Parties
Applicant: Gurvinder Singh; Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 September 2022
Case Number
HCAL692/2022
Procedural Posture
Judicial Review Application for Leave / Decision on Leave Application and Restricted Proceedings Order
Outcome
Leave to apply for judicial review refused; Restricted Proceedings Order made against applicant
Legal Topics
Non Refoulement, Subsequent Claim Under Section 37 ZO, Restricted Proceedings Order, Abuse of Process, Standard of Review
Source Language
EN
Immigration Law Administrative Law Constitutional Law Human Rights 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

Judicial Review Application for Leave / Decision on Leave Application and Restricted Proceedings Order

Legal Issues

  1. 1 Whether the Director lawfully refused the subsequent non-refoulement claim under section 37ZO
  2. 2 Whether the applicant demonstrated a significant change of circumstances giving a realistic prospect of success
  3. 3 Whether a Restricted Proceedings Order (RPO) is warranted to prevent abuse of process

Ratio Decidendi

Director's decision to refuse the subsequent claim was lawful and reasonable because the applicant relied on the same or similar facts previously rejected and did not demonstrate a significant change of circumstances under s37ZO; the Board's adverse credibility finding stands; leave to apply for judicial review is refused and an RPO is necessary to prevent abuse of process.

Court Disposition

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

Orders

  • Applicant prohibited from commencing or continuing any fresh proceedings relating to any non-refoulement claim in the High Court, or any appeal, without leave of the Court of First Instance
  • Applications for leave must be made to Deputy High Court Judge K. W. Lung or designated judge as specified