29 Mar 2023
MANDIP SINGH v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]
- Citation
- [2023] HKCFI 506
- Court
- Court of First Instance
- Case number
- HCAL911/2022
Extension of time was refused because the applicant's delay (over 11 weeks) was inordinate and unexplained, the intended judicial review disclosed no reasonably arguable ground, and the Director lawfully applied s37ZO in finding no sufficient evidence of a significant change or realistic prospect of success; because the applicant persistently sought to re‑litigate a finally determined non‑refoulement claim the court properly made a Restricted Proceedings Order under s27 HCO and the court's inherent jurisdiction to prevent abuse of process.
- Subsequent claim under section 37zo immigration ordinance
- Extension of time for judicial review (order 53 r4)
- Restricted proceedings order (section 27 hco and inherent jurisdiction)
- Abuse of process and vexatious litigation
- Unified screening mechanism
- Credibility findings and prior determinations