Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Section 37zo subsequent claims

Legal area

Court

24 Oct 2023

SONI PRATIK v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

Citation

[2023] HKCFI 2575
Court

Court of First Instance
Case number

HCAL1265/2023

Applicant failed to demonstrate a significant change of circumstances under s37ZO; the Director's refusal was lawful and there was no realistic prospect of success in the subsequent claim; because the applicant was attempting to re‑litigate previous facts and thereby abuse the process, a Restricted Proceedings Order was justified.
12 Apr 2023

SHRESTHA PRADIP v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

Citation

[2023] HKCFI 545
Court

Court of First Instance
Case number

HCAL1066/2022

The Director lawfully refused permission for a subsequent claim under s37ZO because the applicant failed to show a significant change in circumstances or that new and prior materials together gave a realistic prospect of success; there was no legal error or procedural unfairness and no prospect of success in judicial review, and a RPO was justified because the applicant's persistent attempts to relitigate a finally determined non-refoulement claim constituted an abuse of process.