Hong Kong Case Law: Decisions & Judgments

Topic

Subsequent claim (s37zo immigration ordinance)

Legal area

Court

21 Mar 2024

NASIR ABDUL alias MALIK ABDUL NASIR v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

Citation

[2024] HKCFI 846
Court

Court of First Instance
Case number

HCAL223/2024

Leave to apply for judicial review refused because the application was inordinate and unexplainedly delayed, lacked any reasonably arguable ground given the Director correctly applied s37ZO and found no credible new evidence, and there was no prospect of success; a RPO was justified under s27/s27A and the court's inherent jurisdiction to prevent persistent, vexatious attempts to re-litigate finally determined non-refoulement claims.
22 May 2023

MOHAMMAD SHARIF v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

Citation

[2023] HKCFI 1353
Court

Court of First Instance
Case number

HCAL461/2023

Leave to apply for judicial review was refused because none of the proposed grounds were reasonably arguable: the Director lawfully applied s37ZO, found no sufficient evidence of a significant change or realistic prospect of success, and there was no error of law or procedural unfairness; because the applicant repeatedly sought to re-litigate matters finally determined, a RPO was justified to prevent abuse of process.
26 Jul 2022

JYOTI GURUNG v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

Citation

[2022] HKCFI 2274
Court

Court of First Instance
Case number

HCAL517/2022

The Director's decision refusing the subsequent claim was not Wednesbury unreasonable because the Director reasonably concluded there was no significant change of circumstances or realistic prospect of success; accordingly leave to apply for judicial review was refused, and because the applicant was attempting to re-litigate settled facts and likely to continue abusive proceedings, a Restricted Proceedings Order was warranted to prevent abuse of process.

Hong Kong Case Law

NASIR ABDUL alias MALIK ABDUL NASIR v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

MOHAMMAD SHARIF v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

JYOTI GURUNG v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]