Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Subsequent non-refoulement/torture claim

Legal area

Court

4 Sept 2025

VU MINH NGOC v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

Citation

[2025] HKCFI 3806
Court

Court of First Instance
Case number

HCAL993/2021

Leave was refused because the applicant failed to provide sufficient written evidence of a significant change of circumstances since his previous claim and failed to show that any change, taken with previously submitted material, would give the subsequent claim a realistic prospect of success in light of prior adverse findings that risk was low and state protection and internal relocation were available.
27 Feb 2024

MD SUMON v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

Citation

[2024] HKCFI 557
Court

Court of First Instance
Case number

HCAL1558/2020

The Director lawfully refused permission for a subsequent claim because the applicant failed to satisfy s37ZO: he did not produce sufficient written evidence of a significant change of circumstances which, together with prior material, would give the subsequent claim a realistic prospect of success; there was no error of law or procedural unfairness in the prior determinations; because the applicant persistently sought to relitigate finally determined issues, an RPO under s27 High Court Ordinance and the court's inherent jurisdiction was appropriate to prevent abuse of process.