VIKAS v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

VIKAS v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

The Director lawfully refused permission to make a subsequent non-refoulement/torture claim because the Applicant failed to demonstrate a significant change of circumstances or that any change combined with prior material gave a realistic prospect of success; there was no error of law or procedural unfairness in the decision. Given the Applicant's repeated, unmeritorious attempts to re-litigate finally determined non-refoulement claims, a Restricted Proceedings Order under section 27 (and the court's inherent jurisdiction) was justified to prevent abuse of process.

Citation
[2024] HKCFI 389
Parties
Applicant: Vikas; Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 February 2024
Case Number
HCAL2347/2020
Procedural Posture
Judicial Review (leave Application) / Decision on Leave Application and RPO
Outcome
Leave to apply for judicial review dismissed; Restricted Proceedings Order made against Applicant
Legal Topics
Non Refoulement, Torture Risk, Unified Screening Mechanism, Restricted Proceedings Order, Vexatious Litigation, Leave to Apply for Judicial Review
Source Language
EN
Immigration Law Constitutional Law Administrative Law Human Rights Law Public Law Non Refoulement Torture Risk Unified Screening Mechanism +3 more

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Parties

Vikas

Applicant

Director of Immigration

Putative Respondent

Procedural Posture

Judicial Review (leave Application) / Decision on Leave Application and RPO

Legal Issues

  1. 1 Whether the Director lawfully refused permission to make a subsequent non-refoulement/torture claim under section 37ZO of the Immigration Ordinance
  2. 2 Whether the Applicant demonstrated a significant change of circumstances and realistic prospect of success
  3. 3 Whether the Director breached procedural fairness or was biased in refusing the subsequent claim

Ratio Decidendi

The Director lawfully refused permission to make a subsequent non-refoulement/torture claim because the Applicant failed to demonstrate a significant change of circumstances or that any change combined with prior material gave a realistic prospect of success; there was no error of law or procedural unfairness in the decision. Given the Applicant's repeated, unmeritorious attempts to re-litigate finally determined non-refoulement claims, a Restricted Proceedings Order under section 27 (and the court's inherent jurisdiction) was justified to prevent abuse of process.

Court Disposition

Leave to apply for judicial review dismissed; Restricted Proceedings Order made against Applicant

Orders

  • The Applicant be prohibited from commencing or continuing any proceedings relating to any non-refoulement claim without the leave of a Judge of the Court of First Instance
  • All leave applications under the RPO shall be made to the Judge in charge of the Constitutional and Administrative Law List or a designated Judge