Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Restricted proceedings order / vexatious litigant

Legal area

Court

11 Apr 2023

SHAIKH QUTUBUDDIN v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

Citation

[2023] HKCFI 547
Court

Court of First Instance
Case number

HCAL1082/2022

The application for leave was dismissed and time not extended because the applicant was four months late with no good reason, provided no written evidence of a significant change as required by s37ZO, and the proposed subsequent claim had no realistic prospect of success; given repetitive and meritless attempts to relitigate a finally determined non‑refoulement claim, a 5‑year Restricted Proceedings Order was appropriate to prevent abuse of process.
17 Oct 2022

JASPREET SINGH v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

Citation

[2022] HKCFI 3154
Court

Court of First Instance
Case number

HCAL491/2022

The application for extension of time was refused because the Applicant was more than five months late without explanation, the intended challenge had no arguable merits or identifiable error of law, and the Director properly applied s37ZO in finding no significant change of circumstances or realistic prospect of success; accordingly leave was dismissed and a Restricted Proceedings Order was warranted to prevent further vexatious re-litigation of the finally determined non-refoulement claim.