Hong Kong Case Law: Decisions & Judgments

Topic

Inherent jurisdiction to prevent abuse of process

Legal area

Court

19 Jun 2025

WAJID UR REHMAN alias AKRAM MOHAMMAD v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

Citation

[2025] HKCFI 2554
Court

Court of First Instance
Case number

HCAL955/2025

Leave to apply for judicial review was refused because the applicant failed to demonstrate a significant change of circumstances or a realistic prospect of success under s37ZO, given the prior final determinations and adverse credibility findings; a Restricted Proceedings Order was justified to prevent continued vexatious re-litigation and abuse of process.
31 Oct 2023

AKTER SAFIA v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

Citation

[2023] HKCFI 2797
Court

Court of First Instance
Case number

HCAL1612/2023

Leave was refused because the Director correctly applied s.37ZO, the Applicant failed to demonstrate a significant change of circumstances or a realistic prospect of success; the Director did not err in law or breach procedural fairness in declining a further screening interview or in assessing COI and evidence; given repeated, meritless attempts to re-litigate finally determined non-refoulement claims, a RPO under s.27 and the court's inherent jurisdiction was justified to prevent abuse of process, with specified conditions and a five-year duration.
18 Apr 2023

PHULMATI LAMA v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

Citation

[2023] HKCFI 589
Court

Court of First Instance
Case number

HCAL1287/2022

The Director permissibly exercised discretion under s37ZO by refusing permission for a subsequent claim because the Applicant failed to produce sufficient written evidence of a significant change of circumstances that, together with prior material, would give a realistic prospect of success; there was no procedural unfairness in deciding without a screening interview; and a Restricted Proceedings Order was justified under s27 High Court Ordinance and the court's inherent jurisdiction to prevent further vexatious re‑litigation of finally determined non‑refoulement claims.
1 Sept 2021

DIALLO THIERNO AMADOU v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

Citation

[2021] HKCFI 2547
Court

Court of First Instance
Case number

HCAL1027/2021

The Director's decision to refuse permission to make a subsequent claim was lawful because the Applicant failed to provide sufficient corroborating evidence of a significant change of circumstances or demonstrate that the asserted changes, combined with prior material, would give the subsequent claim a realistic prospect of success; credibility findings and prior final determinations were properly taken into account. Given the Applicant's persistent attempts to relitigate finally determined claims without viable grounds, a Restricted Proceedings Order under section 27 and the court's inherent…

Hong Kong Case Law

WAJID UR REHMAN alias AKRAM MOHAMMAD v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

AKTER SAFIA v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

PHULMATI LAMA v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

DIALLO THIERNO AMADOU v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]