ILYAS MUHAMMAD v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

ILYAS MUHAMMAD v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

The applicant failed to show a significant change in circumstances such that the subsequent claim had a realistic prospect of success under s.37ZO; the Director's assessment was lawful, not Wednesbury unreasonable or procedurally unfair, and an RPO is warranted to prevent abuse of process by re‑litigation of the same facts.

Citation
[2021] HKCFI 2613
Parties
Applicant: Ilyas Muhammad; Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 September 2021
Case Number
HCAL763/2021
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Refused; Restricted Proceedings Order Made
Outcome
Application dismissed; leave to apply for judicial review refused; Restricted Proceedings Order made against applicant
Legal Topics
Non Refoulement, Subsequent Claim Under S.37 ZO, Restricted Proceedings Order, Abuse of Process, Credibility Assessment, State Protection, Internal Relocation
Source Language
EN
Immigration Law Constitutional Law Administrative Law Human Rights Judicial Review Non Refoulement Subsequent Claim Under S.37 ZO Restricted Proceedings Order +4 more

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Parties

Ilyas Muhammad

Applicant

Director of Immigration

Putative Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant demonstrated a significant change of circumstances under s.37ZO of the Immigration Ordinance to give a subsequent claim a realistic prospect of success
  2. 2 Whether the Director's decision involved procedural unfairness or was Wednesbury unreasonable or irrational
  3. 3 Whether a Restricted Proceedings Order (RPO) is justified to prevent abuse of process by the applicant re‑litigating the same non‑refoulement claim

Ratio Decidendi

The applicant failed to show a significant change in circumstances such that the subsequent claim had a realistic prospect of success under s.37ZO; the Director's assessment was lawful, not Wednesbury unreasonable or procedurally unfair, and an RPO is warranted to prevent abuse of process by re‑litigation of the same facts.

Court Disposition

Application dismissed; leave to apply for judicial review refused; Restricted Proceedings Order made against applicant

Orders

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