SARDAR MD MANIR v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

SARDAR MD MANIR v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

Leave to apply for judicial review was refused because the Director lawfully concluded the subsequent claim did not demonstrate a significant change of circumstances nor a realistic prospect of success and the court will not overturn legitimate fact‑finding; an RPO was justified to prevent abuse given the applicant's history of re-litigating the same matters.

Citation
[2023] HKCFI 222
Parties
Applicant: Sardar Md Manir; Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 January 2023
Case Number
HCAL1204/2022
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Leave and Restricted Proceedings Order (rpo) Made
Outcome
Application for leave to apply for judicial review dismissed; Restricted Proceedings Order (RPO) made against the applicant
Legal Topics
Non Refoulement, Subsequent Claim Under Section 37 ZO, Restricted Proceedings Order, Abuse of Process, Judicial Review Leave
Source Language
EN
Constitutional and Administrative Law Immigration Law Human Rights Public Law Non Refoulement Subsequent Claim Under Section 37 ZO Restricted Proceedings Order Abuse of Process +1 more

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Parties

Sardar Md Manir

Applicant

Director of Immigration

Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Decision on Leave and Restricted Proceedings Order (rpo) Made

Legal Issues

  1. 1 Whether the Director properly applied section 37ZO to the subsequent non-refoulement claim
  2. 2 Whether there was a significant change of circumstances since the previous claim
  3. 3 Whether there was a realistic prospect of success to justify leave for judicial review

Ratio Decidendi

Leave to apply for judicial review was refused because the Director lawfully concluded the subsequent claim did not demonstrate a significant change of circumstances nor a realistic prospect of success and the court will not overturn legitimate fact‑finding; an RPO was justified to prevent abuse given the applicant's history of re-litigating the same matters.

Court Disposition

Application for leave to apply for judicial review dismissed; Restricted Proceedings Order (RPO) made against the applicant

Orders

  • Applicant prohibited from commencing or continuing any proceedings relating to any non-refoulement claim in the High Court without leave of the Court of First Instance
  • All leave applications to be made to Deputy High Court Judge K. W. Lung or designated judge and at least 7 days prior written notice to intended defendants with draft documents