Hong Kong Case Law: Decisions & Judgments

Topic

Subsequent claim limitation

Legal area

Court

13 Feb 2026

DINH DINH THANH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2026] HKCFI 806
Court

Court of First Instance
Case number

HCAL2735/2025

Applicant failed to demonstrate a significant change of circumstances or sufficient evidence that, together with prior material, would give the subsequent claim a realistic prospect of success under s.37ZO; no error of law, procedural unfairness or irrationality was shown in the Director's decision, therefore leave to apply for judicial review is refused.
17 Aug 2021

RE HUSSAIN WAJID

Citation

[2021] HKCA 1094
Court

Court of Appeal
Case number

CACV635/2020

Leave to apply for judicial review was properly refused because the applicant failed to identify any arguable public law error by the Director or the judge below; the Director properly applied s37ZO and relied on prior findings so the proposed subsequent claim did not demonstrate a significant change of circumstances and permitting it would be an abuse of process.
26 Nov 2020

HUSSAIN WAJID v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

Citation

[2020] HKCFI 2576
Court

Court of First Instance
Case number

HCAL584/2020

Leave refused because the Director properly applied s37ZO and relied on previous adverse findings; the applicant failed to show any significant change of circumstances or realistic prospect of success; the proposed re-litigation is barred by res judicata and is an abuse of process; no procedural unfairness or legal error was established.

Hong Kong Case Law

DINH DINH THANH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

RE HUSSAIN WAJID

HUSSAIN WAJID v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]