23 Jan 2024
MD MOBARAK HOSSIN SHAMIM v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]
- Citation
- [2024] HKCFI 251
- Court
- Court of First Instance
- Case number
- HCAL2216/2023
The application for leave was dismissed and time was not extended because the applicant was inordinate and unjustifiably delayed (over 10.5 months), failed to demonstrate a significant change of circumstances under s37ZO or to show a realistic prospect of success, and the Director’s decision disclosed no error of law or procedural unfairness; given the applicant’s persistent and groundless attempts to re-litigate a finally determined non-refoulement claim, a Restricted Proceedings Order was justified to prevent further abuse of process.