ROBIAH AND ANOTHER v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

ROBIAH AND ANOTHER v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

The Director lawfully refused the subsequent claim under s37ZO because the applicants failed to demonstrate a significant change of circumstances and there was no realistic prospect of success; accordingly leave to apply for judicial review was refused and a restricted proceedings order was warranted to prevent abuse of process.

Citation
[2025] HKCFI 4805
Parties
1st Applicant: Robiah; 2nd Applicant: Robiah Sabine Marie Ilboudo; Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 October 2025
Case Number
HCAL1398/2025
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Refused; Notification of Judge's Decision
Outcome
Application for leave to apply for judicial review dismissed; leave refused; Restricted Proceedings Order made against the applicants
Legal Topics
Non Refoulement, Subsequent Claim Under Section 37 ZO, Restricted Proceedings Order, Abuse of Process, Leave to Apply for Judicial Review
Source Language
EN
Immigration Constitutional and Administrative Law Public Law Non Refoulement Subsequent Claim Under Section 37 ZO Restricted Proceedings Order Abuse of Process Leave to Apply for Judicial Review

Case Brief

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Parties

Robiah

1st Applicant

Robiah Sabine Marie Ilboudo

2nd Applicant

Director of Immigration

Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Application Refused; Notification of Judge's Decision

Legal Issues

  1. 1 Whether the applicants demonstrated a significant change of circumstances under section 37ZO of the Immigration Ordinance
  2. 2 Whether the Director lawfully concluded there was no realistic prospect of success
  3. 3 Whether a restricted proceedings order (RPO) was justified to prevent abuse of process

Ratio Decidendi

The Director lawfully refused the subsequent claim under s37ZO because the applicants failed to demonstrate a significant change of circumstances and there was no realistic prospect of success; accordingly leave to apply for judicial review was refused and a restricted proceedings order was warranted to prevent abuse of process.

Court Disposition

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

Orders

  • Leave to apply for judicial review refused and application dismissed
  • Restricted Proceedings Order prohibiting the applicants from commencing or continuing any proceedings relating to any non-refoulement claim in the High Court without leave of the Court of First Instance