NARESH KUMAR v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

NARESH KUMAR v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

The leave application was dismissed because the applicant failed to provide sufficient written evidence of a significant change of circumstances as required by s37ZO; the Director reasonably and lawfully concluded the subsequent claim was essentially the same as the prior claim and that any alleged risk was negated by state protection and internal relocation; there was no error of law or procedural unfairness and no real prospect of success.

Citation
[2023] HKCFI 3317
Parties
Applicant: Naresh Kumar; Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 December 2023
Case Number
HCAL1055/2021
Procedural Posture
Judicial Review (leave Application) / Decision on Leave Application (dismissed)
Outcome
Leave application dismissed
Legal Topics
Non Refoulement, Unified Screening Mechanism, Subsequent Claim (s37 Zo), State Protection, Internal Relocation, Article 3 HKBOR, Torture Risk
Source Language
EN
Immigration Law Administrative Law Constitutional Law Human Rights Law Non Refoulement Unified Screening Mechanism Subsequent Claim (s37 Zo) State Protection +3 more

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Parties

Naresh Kumar

Applicant

Director of Immigration

Putative Respondent

Procedural Posture

Judicial Review (leave Application) / Decision on Leave Application (dismissed)

Legal Issues

  1. 1 Whether the Director lawfully refused permission to make a subsequent non-refoulement/torture claim under s37ZO of the Immigration Ordinance
  2. 2 Whether the applicant demonstrated a significant change of circumstances since the previous claim
  3. 3 Whether procedural fairness or error of law occurred in the Director's decision

Ratio Decidendi

The leave application was dismissed because the applicant failed to provide sufficient written evidence of a significant change of circumstances as required by s37ZO; the Director reasonably and lawfully concluded the subsequent claim was essentially the same as the prior claim and that any alleged risk was negated by state protection and internal relocation; there was no error of law or procedural unfairness and no real prospect of success.

Court Disposition

Leave application dismissed

Orders

  • The application for leave to apply for judicial review is dismissed.