Hong Kong Case Law: Decisions & Judgments

Topic

Bill of rights (right to life)

Legal area

Court

7 Mar 2024

NALUBEGA SARAH AND ANOTHER v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

Citation

[2024] HKCFI 585
Court

Court of First Instance
Case number

HCAL1744/2023

Leave to apply for judicial review was refused because applicants relied on the same facts previously rejected and the Director reasonably concluded the additional material did not meet s37ZO's threshold of a significant change giving the subsequent claim a realistic prospect of success; an RPO was justified to prevent abuse of process by re‑litigation of identical claims.
21 Jul 2023

RE IRFAN AHMED

Citation

[2023] HKCA 882
Court

Court of Appeal
Case number

CAMP382/2022

The summons for renewed extension of time was dismissed because the intended appeal had no realistic prospect of success: the Board's decision disclosed no legal error, irrationality or procedural unfairness, the applicant relied on new/unparticularised fact‑sensitive grounds (credibility) not raised below, and given the lack of prospect it would be futile to extend time despite the delay.
19 Jan 2023

SULISTYOWATI DWI KURNIA AND ANOTHER v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

Citation

[2023] HKCFI 183
Court

Court of First Instance
Case number

HCAL663/2022

The Director lawfully refused the subsequent non-refoulement claim because the applicants relied on the same or similar facts as in their finally determined prior claims and failed to show a significant change of circumstances under s.37ZO such that the subsequent claim had a realistic prospect of success; accordingly leave to apply for judicial review was refused and a Restricted Proceedings Order was made to prevent abuse of process.

Hong Kong Case Law

NALUBEGA SARAH AND ANOTHER v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

RE IRFAN AHMED

SULISTYOWATI DWI KURNIA AND ANOTHER v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]