KHAN MD OMAR v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

KHAN MD OMAR v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

The court refused leave because the applicant failed to demonstrate a significant change of circumstances or a realistic prospect of success under s37ZO; the Director's decision was neither unlawful nor Wednesbury unreasonable, and a Restricted Proceedings Order was justified because the applicant's conduct amounted to abusive re-litigation and a risk of continued misuse of court process.

Citation
[2021] HKCFI 2991
Parties
Applicant: Khan Md Omar; Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 October 2021
Case Number
HCAL1263/2021
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Leave Application and Imposition of Restricted Proceedings Order
Outcome
Application for leave to apply for judicial review dismissed; Restricted Proceedings Order made against the applicant
Legal Topics
Non Refoulement, Subsequent Claim Under Section 37 ZO, Restricted Proceedings Order, Abuse of Process, Wednesbury Unreasonableness, Internal Relocation, Torture and Bill of Rights Risks
Source Language
EN
Immigration Law Constitutional Law Administrative Law Judicial Review Non Refoulement Subsequent Claim Under Section 37 ZO Restricted Proceedings Order Abuse of Process +3 more

Case Brief

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Parties

Khan Md Omar

Applicant

Director of Immigration

Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Decision on Leave Application and Imposition of Restricted Proceedings Order

Legal Issues

  1. 1 Whether the applicant has a significant change of circumstances giving realistic prospect of success under section 37ZO
  2. 2 Whether the Director of Immigration's decision was Wednesbury unreasonable or procedurally unfair
  3. 3 Whether a Restricted Proceedings Order is necessary to prevent abuse of process and re-litigation

Ratio Decidendi

The court refused leave because the applicant failed to demonstrate a significant change of circumstances or a realistic prospect of success under s37ZO; the Director's decision was neither unlawful nor Wednesbury unreasonable, and a Restricted Proceedings Order was justified because the applicant's conduct amounted to abusive re-litigation and a risk of continued misuse of court process.

Court Disposition

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

Orders

  • Applicant's application for leave to apply for judicial review is dismissed.
  • Applicant is prohibited from commencing fresh proceedings or continuing existing proceedings in the High Court relating to any non-refoulement claim without leave of the Court of First Instance.