SWARANJIT KAUR v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

SWARANJIT KAUR v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

The Director lawfully refused permission for a subsequent claim because the applicant failed to provide sufficient written evidence of a significant change of circumstances or that, combined with previous material, the subsequent claim had a realistic prospect of success; given repeated attempts to re-litigate conclusively determined claims, the court properly exercised statutory and inherent jurisdiction to make a Restricted Proceedings Order to prevent abuse of process.

Citation
[2021] HKCFI 2480
Parties
Applicant: Swaranjit Kaur; Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 August 2021
Case Number
HCAL565/2021
Procedural Posture
Judicial Review Leave Application / Leave Refused; Restricted Proceedings Order Made
Outcome
Applicant's application for leave to apply for judicial review dismissed; Restricted Proceedings Order made.
Legal Topics
Non Refoulement, Subsequent Torture Claim (s37 Zo), Restricted Proceedings Order (rpo), Abuse of Process, Judicial Review Leave
Source Language
EN
Constitutional and Administrative Law Immigration Law Human Rights Law Civil Procedure Non Refoulement Subsequent Torture Claim (s37 Zo) Restricted Proceedings Order (rpo) Abuse of Process +1 more

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Parties

Swaranjit Kaur

Applicant

Director of Immigration

Putative Respondent

Procedural Posture

Judicial Review Leave Application / Leave Refused; Restricted Proceedings Order Made

Legal Issues

  1. 1 Whether the Director lawfully refused permission to make a subsequent non-refoulement/torture claim under s37ZO of the Immigration Ordinance
  2. 2 Whether there has been a significant change of circumstances and a realistic prospect of success to justify a subsequent claim
  3. 3 Whether the applicant's repeated attempts to re-litigate constitute an abuse of process warranting a Restricted Proceedings Order

Ratio Decidendi

The Director lawfully refused permission for a subsequent claim because the applicant failed to provide sufficient written evidence of a significant change of circumstances or that, combined with previous material, the subsequent claim had a realistic prospect of success; given repeated attempts to re-litigate conclusively determined claims, the court properly exercised statutory and inherent jurisdiction to make a Restricted Proceedings Order to prevent abuse of process.

Court Disposition

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

Orders

  • Applicant prohibited from commencing or continuing any non-refoulement proceedings in the High Court without leave of the Court of First Instance.
  • All leave applications under this order must be made to the Judge in charge of the Constitutional and Administrative Law List or such other designated Judge.