SUMON KHAN v. DIRECTOR OF IMMIGRATION

SUMON KHAN v. DIRECTOR OF IMMIGRATION

The applicant failed to establish a significant change of circumstances or a realistic prospect of success because the immigration officer rejected the new material as fabricated and found state protection/internal relocation viable; there was no challenge to those adverse credibility and factual findings, therefore leave to apply for judicial review was refused and an RPO was justified to prevent further abuse of process.

Citation
[2025] HKCFI 289
Parties
Applicant: Sumon Khan; Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 February 2025
Case Number
HCAL2211/2024
Procedural Posture
Judicial Review (application for Leave to Apply) / Leave Application and RPO Show Cause Hearing
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, Abuse of Process, Credibility Findings, Leave to Apply for Judicial Review
Source Language
EN
Constitutional and Administrative Law Immigration Law Public Law Judicial Review Non Refoulement Subsequent Claim Under Section 37 ZO Restricted Proceedings Order Abuse of Process +2 more

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Parties

Sumon Khan

Applicant

Director of Immigration

Putative Respondent

Procedural Posture

Judicial Review (application for Leave to Apply) / Leave Application and RPO Show Cause Hearing

Legal Issues

  1. 1 Whether the applicant demonstrated a significant change of circumstances under section 37ZO sufficient to give a subsequent claim a realistic prospect of success
  2. 2 Whether the immigration officer lawfully assessed credibility and state protection/internal relocation
  3. 3 Whether leave to apply for judicial review should be granted

Ratio Decidendi

The applicant failed to establish a significant change of circumstances or a realistic prospect of success because the immigration officer rejected the new material as fabricated and found state protection/internal relocation viable; there was no challenge to those adverse credibility and factual findings, therefore leave to apply for judicial review was refused and an RPO was justified to prevent further abuse of process.

Court Disposition

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

Orders

  • The Applicant be prohibited from commencing any fresh proceedings by whatever originating process, or continuing any existing legal proceedings, relating to any non-refoulement claim of the Applicant in the High Court and any appeal, including this Order, without leave of the Court of First Instance.
  • All applications for leave under paragraph (1) shall be made to the 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 Judge as may be designated by the Chief Judge of the High Court to hear cases in the Constitutional and...