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

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

Leave to apply for judicial review was refused because the applicant relied on the same facts already finally determined, failed to demonstrate significant change of circumstances under s37ZO or a realistic prospect of success, the additional material was hearsay and internal relocation remained viable; given the history of fabricated/inconsistent evidence and delay the Court found abuse of process and lawfully imposed an RPO to prevent further repetitious litigation.

Citation
[2023] HKCFI 2607
Parties
Applicant: Ripon Mohammed; Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 October 2023
Case Number
HCAL1478/2023
Procedural Posture
Application for Leave to Apply for Judicial Review of Director of Immigration Decision Refusing Subsequent Non Refoulement Claim Under Section 37 ZO Immigration Ordinance / Decision on Leave Application and Imposition of Restricted Proceedings Order (rpo) Following Hearing and Consideration of Documents (25 October 2023)
Outcome
Applicant's application for leave to apply for judicial review dismissed; Restricted Proceedings Order made against applicant
Legal Topics
Non Refoulement, Subsequent Claim Under Section 37 ZO, Restricted Proceedings Order, Judicial Review Leave, Abuse of Process, Internal Relocation, Torture Claim, Delay and Extension of Time
Source Language
EN
Constitutional and Administrative Law Immigration Law Public Law Non Refoulement Subsequent Claim Under Section 37 ZO Restricted Proceedings Order Judicial Review Leave Abuse of Process +3 more

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Parties

Ripon Mohammed

Applicant

Director of Immigration

Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review of Director of Immigration Decision Refusing Subsequent Non Refoulement Claim Under Section 37 ZO Immigration Ordinance / Decision on Leave Application and Imposition of Restricted Proceedings Order (rpo) Following Hearing and Consideration of Documents (25 October 2023)

Legal Issues

  1. 1 Whether the Director lawfully refused the subsequent claim under section 37ZO
  2. 2 Whether the applicant showed significant change of circumstances giving the subsequent claim a realistic prospect of success
  3. 3 Whether the applicant's re‑use of previously rejected facts amounts to abuse of process

Ratio Decidendi

Leave to apply for judicial review was refused because the applicant relied on the same facts already finally determined, failed to demonstrate significant change of circumstances under s37ZO or a realistic prospect of success, the additional material was hearsay and internal relocation remained viable; given the history of fabricated/inconsistent evidence and delay the Court found abuse of process and lawfully imposed an RPO to prevent further repetitious litigation.

Court Disposition

Applicant's application for leave to apply for judicial review dismissed; Restricted Proceedings Order made against applicant

Orders

  • Leave to apply for judicial review refused
  • Restricted Proceedings Order (RPO) made prohibiting applicant from commencing or continuing any fresh proceedings relating to any non‑refoulement claim in the High Court without leave of the Court of First Instance