SUWARNI v. DIRECTOR OF IMMIGRATION

SUWARNI v. DIRECTOR OF IMMIGRATION

The Director's refusal was lawful because the applicant failed to show any significant change of circumstances or new, substantiating evidence giving a realistic prospect of success; accordingly leave to apply for judicial review was dismissed and, given the repetitive re-litigation of identical grounds amounting to abuse of process, a restricted proceedings order was justified.

Citation
[2025] HKCFI 295
Parties
Applicant: Suwarni; Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 February 2025
Case Number
HCAL2060/2024
Procedural Posture
Judicial Review (leave to Apply) / Leave Application and Consideration of Restricted Proceedings Order
Outcome
Application for leave dismissed; restricted proceedings order (RPO) made against the applicant
Legal Topics
Non Refoulement, Subsequent Claim Under S37 ZO, Restricted Proceedings Order, Abuse of Process, Leave to Apply for Judicial Review
Source Language
EN
Immigration Law Administrative Law Constitutional Law Civil Procedure Non Refoulement Subsequent Claim Under S37 ZO Restricted Proceedings Order Abuse of Process +1 more

Case Brief

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Parties

Suwarni

Applicant

Director of Immigration

Putative Respondent

Procedural Posture

Judicial Review (leave to Apply) / Leave Application and Consideration of Restricted Proceedings Order

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 has been a significant change of circumstances giving a realistic prospect of success
  3. 3 Whether the applicant has abused the court process by re-litigating previously rejected grounds

Ratio Decidendi

The Director's refusal was lawful because the applicant failed to show any significant change of circumstances or new, substantiating evidence giving a realistic prospect of success; accordingly leave to apply for judicial review was dismissed and, given the repetitive re-litigation of identical grounds amounting to abuse of process, a restricted proceedings order was justified.

Court Disposition

Application for leave dismissed; restricted proceedings order (RPO) made against the applicant

Orders

  • Applicant is prohibited from commencing or continuing any proceedings relating to any non-refoulement claim in the High Court or appeals without leave of the Court of First Instance.
  • Leave applications under the order must be made to Deputy High Court Judge K.W. Lung or the designated judge specified by the court.