Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Bill of rights ordinance articles 2 and 3
  • 24 Oct 2023

    LE VAN TRIEN v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

    Citation
    [2023] HKCFI 2605
    Court
    Court of First Instance
    Case number
    HCAL1410/2023

    Leave to apply for judicial review was refused because the applicant expressly relied on the same facts as in his finally determined previous claim, he produced no additional material showing a significant change of circumstances as required by section 37ZO, there was no realistic prospect of success, and an RPO was warranted to prevent abuse of the court process.

    • Restricted proceedings order (rpo)
    • Subsequent claim under section 37zo
    • Abuse of process
    • Torture/non-refoulement claims
    • Bill of rights ordinance articles 2 and 3
    • Leave to apply for judicial review