MAROOF AHMED v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

MAROOF AHMED v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

The application for leave was refused and time extension denied because the applicant offered no adequate explanation for a substantial delay, his proposed grounds were vague and not reasonably arguable or meritorious, and the Director’s refusal to permit a subsequent claim fell within lawful exercise of s37ZO given...

Source-derived case information.

Citation
[2023] HKCFI 1018
Parties
Applicant: Maroof Ahmed; Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 April 2023
Case Number
HCAL359/2023
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Leave Application and RPO (extension of Time Refused; Leave Dismissed; RPO Made)
Outcome
Extension of time refused; application for leave to apply for judicial review dismissed; Restricted Proceedings Order made against Applicant.
Legal Topics
Non Refoulement, Subsequent Torture/non Refoulement Claim (s37 Zo), Extension of Time for Judicial Review (order 53), Restricted Proceedings Order (rpo) Under S27 High Court Ordinance, Wednesbury/unreasonableness Review, State Protection and Internal Relocation, Abuse of Process, HKBOR Articles 2 and 3
Source Language
en
Constitutional Law Administrative Law Immigration Law Human Rights Law Public Law Non Refoulement Subsequent Torture/non Refoulement Claim (s37 Zo) Extension of Time for Judicial Review (order 53) +5 more

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Parties

Maroof Ahmed

Applicant

Director of Immigration

Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Decision on Leave Application and RPO (extension of Time Refused; Leave Dismissed; RPO Made)

Legal Issues

  1. 1 Whether to extend time for the leave application
  2. 2 Whether the Director lawfully refused permission to make a subsequent non-refoulement/torture claim under s37ZO of the Immigration Ordinance
  3. 3 Whether the Director applied the correct legal tests on state protection and internal relocation

Ratio Decidendi

The application for leave was refused and time extension denied because the applicant offered no adequate explanation for a substantial delay, his proposed grounds were vague and not reasonably arguable or meritorious, and the Director’s refusal to permit a subsequent claim fell within lawful exercise of s37ZO given prior final adverse findings, lack of credible new evidence of significant change, and continued availability of state protection/internal relocation; because the applicant persistently sought to relitigate finally determined non‑refoulement issues, a five‑year RPO was justified to prevent abuse of process.

Court Disposition

Extension of time refused; application for leave to apply for judicial review dismissed; Restricted Proceedings Order made against Applicant.

Orders

  • Extension of time for the application for leave to apply for Judicial Review of the Director of Immigration dated 21 October 2022 be refused
  • The application for leave to apply for Judicial Review be dismissed