Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Subsequent claims under s37zo immigration ordinance

Legal area

Court

27 Oct 2022

MADDHESIA BIRENDRA KUMAR v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

Citation

[2022] HKCFI 3309
Court

Court of First Instance
Case number

HCAL927/2022

Director lawfully refused the subsequent claim because the applicant relied on the same or similar unsubstantiated facts as previously determined; there was no significant change of circumstances and no realistic prospect of success under s37ZO; therefore leave to apply for judicial review was refused and a Restricted Proceedings Order was necessary to prevent abuse of the court process.
31 Jan 2022

DIRECTOR OF IMMIGRATION v. SUMON MIAH

Citation

[2022] HKCFI 197
Court

Court of First Instance
Case number

HCMP1476/2021

The statutory conditions of s27 were met: the Director was an affected person, the Defendant had habitually and persistently instituted manifestly groundless and repetitious non-refoulement proceedings (rejected at multiple levels, identical subsequent claim, defective Form 86) and had been heard; accordingly a prohibition order with leave requirements, limits and a 5-year duration was necessary to prevent continued abuse and delay; costs were awarded to deter repetition.