ALAPEE AZADI BEGUM AND ANOTHER v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

ALAPEE AZADI BEGUM AND ANOTHER v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

Applicants failed to show a significant change of circumstances or any new evidence that would give the subsequent claim a realistic prospect of success; the Director lawfully assessed the risks including a child-specific assessment and properly considered COI; consequently leave to apply for judicial review was refused and a Restricted Proceedings Order was warranted to prevent abuse of process.

Citation
[2023] HKCFI 1473
Parties
1st Applicant: Alapee Azadi Begum; 2nd Applicant: Mahima Fatema; Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 June 2023
Case Number
HCAL1373/2022
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Leave; Leave Refused and Restricted Proceedings Order Made
Outcome
Application dismissed; leave to apply for judicial review refused; Restricted Proceedings Order made against applicants
Legal Topics
Non Refoulement, Subsequent Claim Under S37 ZO, Restricted Proceedings Order, Child Specific Risk Assessment, Abuse of Process, Country of Origin Information
Source Language
EN
Immigration Law Administrative Law Constitutional Law Human Rights Law Non Refoulement Subsequent Claim Under S37 ZO Restricted Proceedings Order Child Specific Risk Assessment +2 more

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Parties

Alapee Azadi Begum

1st Applicant

Mahima Fatema

2nd Applicant

Director of Immigration

Putative Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether applicants demonstrated a significant change of circumstances under s37ZO giving a realistic prospect of success
  2. 2 Whether the Director failed to conduct a child-specific assessment of risk to the 2nd applicant
  3. 3 Whether the Director failed to properly consider the updated country of origin information

Ratio Decidendi

Applicants failed to show a significant change of circumstances or any new evidence that would give the subsequent claim a realistic prospect of success; the Director lawfully assessed the risks including a child-specific assessment and properly considered COI; consequently leave to apply for judicial review was refused and a Restricted Proceedings Order was warranted to prevent abuse of process.

Court Disposition

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

Orders

  • Leave to apply for judicial review refused
  • Applicants prohibited from commencing or continuing any proceedings relating to any non-refoulement claim in the High Court or appeals without leave of the Court of First Instance