MOHAMMED KALIMUDDIN v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

MOHAMMED KALIMUDDIN v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

The Director's assessment involved no error of law, procedural unfairness or irrationality and the applicant's subsequent claim, based on the same facts, lacked a realistic prospect of success under s37ZO; because the applicant is likely to persist in vexatious re-litigation the court justifiably refused leave and...

Source-derived case information.

Citation
[2021] HKCFI 2354
Parties
Applicant: Mohammed Kalimuddin; Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 August 2021
Case Number
HCAL964/2021
Procedural Posture
Application for Leave to Apply for Judicial Review of Director of Immigration Decision Under Section 37 ZO of the Immigration Ordinance / Decision on Leave Application (leave Refused) 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 S37 ZO, Leave to Apply for Judicial Review, Restricted Proceedings Order (rpo), Abuse of Process, Unified Screening Mechanism, State Protection and Internal Relocation
Source Language
en
Immigration Law Administrative Law Constitutional Law Civil Procedure Non Refoulement Subsequent Claim Under S37 ZO Leave to Apply for Judicial Review Restricted Proceedings Order (rpo) +3 more

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Parties

Mohammed Kalimuddin

Applicant

Director of Immigration

Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review of Director of Immigration Decision Under Section 37 ZO of the Immigration Ordinance / Decision on Leave Application (leave Refused) and Imposition of Restricted Proceedings Order

Legal Issues

  1. 1 Whether the applicant demonstrated a significant change of circumstances under s37ZO sufficient to give a subsequent claim a realistic prospect of success
  2. 2 Whether the Director of Immigration's decision was unlawful, procedurally unfair or irrational
  3. 3 Whether a Restricted Proceedings Order is justified to prevent abuse of the court process

Ratio Decidendi

The Director's assessment involved no error of law, procedural unfairness or irrationality and the applicant's subsequent claim, based on the same facts, lacked a realistic prospect of success under s37ZO; because the applicant is likely to persist in vexatious re-litigation the court justifiably refused leave and imposed a five-year Restricted Proceedings Order as a proportionate means to prevent abuse of process.

Court Disposition

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

Orders

  • (1) The Applicant is prohibited from commencing any fresh proceedings or continuing any existing proceedings relating to any non-refoulement claim in the High Court without leave of the Court of First Instance.
  • (2) All applications for leave under paragraph (1) shall be made to the Judge in charge of the Constitutional and Administrative Law List or such other Judge as may be designated by the Chief Judge of the High Court.