SK DANISH v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

SK DANISH v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

The Director's decision refusing the subsequent claim under s37ZO was lawful and free of procedural unfairness; the applicant failed to demonstrate a significant change of circumstances or a realistic prospect of success; therefore leave for judicial review is refused and a Restricted Proceedings Order was justified...

Source-derived case information.

Citation
[2022] HKCFI 3239
Parties
Applicant: SK Danish; Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 October 2022
Case Number
HCAL874/2022
Procedural Posture
Judicial Review Leave Application / Decision (leave Refused)
Outcome
Application for leave to apply for judicial review dismissed; Restricted Proceedings Order made against applicant
Legal Topics
Non Refoulement, Subsequent Claim Under S37 ZO, Restricted Proceedings Order, Abuse of Process, Asylum and Refugee Protection
Source Language
en
Constitutional and Administrative Law Immigration Law Public Law Non Refoulement Subsequent Claim Under S37 ZO Restricted Proceedings Order Abuse of Process Asylum and Refugee Protection

Source-derived case record

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Parties

SK Danish

Applicant

Director of Immigration

Putative Respondent

Procedural Posture

Judicial Review Leave Application / Decision (leave Refused)

Legal Issues

  1. 1 Whether the Director lawfully refused the subsequent non-refoulement claim under section 37ZO of the Immigration Ordinance
  2. 2 Whether there was procedural unfairness in refusal to grant adjournment or interview
  3. 3 Whether a Restricted Proceedings Order should be made to prevent abuse of process by repeated litigation

Ratio Decidendi

The Director's decision refusing the subsequent claim under s37ZO was lawful and free of procedural unfairness; the applicant failed to demonstrate a significant change of circumstances or a realistic prospect of success; therefore leave for judicial review is refused and a Restricted Proceedings Order was justified to prevent abuse of process.

Court Disposition

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

Orders

  • Applicant prohibited from commencing any fresh proceedings or continuing existing proceedings relating to any non-refoulement claim in the High Court without leave of the Court of First Instance
  • All applications for leave must be made to Deputy High Court Judge K. W. Lung or in his absence the Judge in charge of the Constitutional and Administrative Law List or such other designated Judge