MARSHALL BILL O v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

MARSHALL BILL O v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

Leave was refused because the applicant failed to provide sufficient written evidence of a significant change of circumstances or a realistic prospect of success under s37ZO; there was no error of law or procedural unfairness in the Director’s decision. A RPO was warranted because the applicant persistently sought...

Source-derived case information.

Citation
[2021] HKCFI 3498
Parties
Applicant: Marshall Bill O; Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 November 2021
Case Number
HCAL1430/2021
Procedural Posture
Leave to Apply for Judicial Review of Refusal to Permit Subsequent Non Refoulement Claim / Leave Application (hcal 1430/2021)
Outcome
Application for leave to apply for judicial review dismissed; Restricted Proceedings Order made against applicant
Legal Topics
Non Refoulement, Torture Risk, Unified Screening Mechanism, Restricted Proceedings Order (rpo), Vexatious Litigation, Section 37 ZO Immigration Ordinance, Section 27 High Court Ordinance
Source Language
en
Constitutional Law Administrative Law Immigration Law Public Law Judicial Review Non Refoulement Torture Risk Unified Screening Mechanism +4 more

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Parties

Marshall Bill O

Applicant

Director of Immigration

Putative Respondent

Procedural Posture

Leave to Apply for Judicial Review of Refusal to Permit Subsequent Non Refoulement Claim / Leave Application (hcal 1430/2021)

Legal Issues

  1. 1 Whether the applicant satisfied s37ZO(2) Immigration Ordinance (significant change and realistic prospect) to permit a subsequent non-refoulement claim
  2. 2 Whether the Director’s decision involved any error of law or procedural unfairness
  3. 3 Whether a Restricted Proceedings Order should be imposed under s27 High Court Ordinance or the Court’s inherent jurisdiction to prevent abuse of process

Ratio Decidendi

Leave was refused because the applicant failed to provide sufficient written evidence of a significant change of circumstances or a realistic prospect of success under s37ZO; there was no error of law or procedural unfairness in the Director’s decision. A RPO was warranted because the applicant persistently sought to re-litigate a finally determined non-refoulement claim, constituting an abuse of process.

Court Disposition

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

Orders

  • Application for leave to apply for judicial review dismissed
  • Applicant prohibited from commencing or continuing any proceedings in the Court of First Instance relating to any non-refoulement claim without prior leave of the Court