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

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

The Director lawfully concluded there was no significant change since the earlier final determination, the subsequent claim merely re-litigated previously decided facts and lacked a realistic prospect of success; no error of law or procedural unfairness was shown and, to prevent further abuse, a Restricted Proceedings Order was warranted.

Citation
[2021] HKCFI 2551
Parties
Applicant: Mohammed Moinuddin; Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
31 August 2021
Case Number
HCAL498/2021
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Leave Application and Restricted Proceedings Order
Outcome
Leave to apply for judicial review refused; Restricted Proceedings Order made against applicant.
Legal Topics
Non Refoulement, Subsequent Claim (section 37 Zo), Restricted Proceedings Order (rpo), Leave to Apply for Judicial Review, Abuse of Process, Wednesbury Unreasonableness, Internal Relocation, Right to Life (article 2 Bor), Prohibition of Torture (article 3 Bor)
Source Language
EN
Constitutional and Administrative Law Immigration Law Human Rights Law Non Refoulement Subsequent Claim (section 37 Zo) Restricted Proceedings Order (rpo) Leave to Apply for Judicial Review Abuse of Process +4 more

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Parties

Mohammed Moinuddin

Applicant

Director of Immigration

Putative Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant demonstrated a significant change in circumstances under section 37ZO to warrant a subsequent non-refoulement claim
  2. 2 Whether the Director of Immigration's decision involved error of law or was Wednesbury unreasonable
  3. 3 Whether the applicant is re-litigating previously determined facts and thus abusing the court process

Ratio Decidendi

The Director lawfully concluded there was no significant change since the earlier final determination, the subsequent claim merely re-litigated previously decided facts and lacked a realistic prospect of success; no error of law or procedural unfairness was shown and, to prevent further abuse, a Restricted Proceedings Order was warranted.

Court Disposition

Leave to apply for judicial review refused; Restricted Proceedings Order made against applicant.

Orders

  • Applicant is prohibited from commencing any fresh proceedings or continuing existing proceedings relating to any non-refoulement claim in the High Court without leave of the Court of First Instance.
  • All applications for leave must be made to the Judge in charge of the Constitutional and Administrative Law List or a judge designated by the Chief Judge.