PARAMJIT SINGH v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

PARAMJIT SINGH v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

Leave to apply for judicial review was refused because the Applicant failed to provide sufficient written evidence demonstrating a significant change of circumstances or a realistic prospect of success as required by s37ZO; the proposed grounds were vague and not reasonably arguable; there was no error of law or procedural unfairness in the Director's decision. A RPO was warranted because the Applicant has repeatedly sought to re-litigate finally determined non-refoulement claims, constituting an abuse of process.

Citation
[2024] HKCFI 737
Parties
Applicant: Paramjit Singh; Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 March 2024
Case Number
HCAL161/2024
Procedural Posture
Judicial Review / Application for Leave
Outcome
Leave to apply for judicial review refused; Restricted Proceedings Order made against the Applicant
Legal Topics
Non Refoulement, Unified Screening Mechanism, Restricted Proceedings Order, Vexatious Litigation, Subsequent Claim Procedure
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Unified Screening Mechanism Restricted Proceedings Order Vexatious Litigation +1 more

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Parties

Paramjit Singh

Applicant

Director of Immigration

Putative Respondent

Procedural Posture

Judicial Review / Application for Leave

Legal Issues

  1. 1 Whether the Director lawfully refused permission to make a subsequent non-refoulement claim under s37ZO Immigration Ordinance
  2. 2 Whether the Applicant demonstrated a significant change of circumstances and a realistic prospect of success
  3. 3 Whether there was procedural unfairness or error of law in the Director's decision

Ratio Decidendi

Leave to apply for judicial review was refused because the Applicant failed to provide sufficient written evidence demonstrating a significant change of circumstances or a realistic prospect of success as required by s37ZO; the proposed grounds were vague and not reasonably arguable; there was no error of law or procedural unfairness in the Director's decision. A RPO was warranted because the Applicant has repeatedly sought to re-litigate finally determined non-refoulement claims, constituting an abuse of process.

Court Disposition

Leave to apply for judicial review refused; Restricted Proceedings Order made against the Applicant

Orders

  • Prohibition on commencing or continuing any proceedings relating to any non-refoulement claim without leave of a Judge of the Court of First Instance
  • All leave applications to be made to the Judge in charge of the Constitutional and Administrative Law List or a designated Judge