Hong Kong Case Law: Decisions & Judgments

Topic

Restricted proceedings order (vexatious litigant)

Legal area

Court

17 Mar 2026

AKHTAR KAMRAN v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

Citation

[2026] HKCFI 1455
Court

Court of First Instance
Case number

HCAL326/2021

The Director's 13 January 2021 decision complied with section 37ZO, correctly applied legal principles, and rationally concluded there was no significant change of circumstances nor realistic prospect of success; the applicant's claim lacked arguability and realistic prospects, so leave is refused, and an RPO is warranted because the applicant is a vexatious litigant who persisted in re-litigating an unmeritorious claim after exhausting appeals.
4 Feb 2026

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

Citation

[2026] HKCFI 714
Court

Court of First Instance
Case number

HCAL2124/2020

The leave application was dismissed because it was filed out of time without explanation, lacked any reasonably arguable grounds or realistic prospects of success, and the Director's decision to refuse the subsequent claim complied with section 37ZO and was lawful, fair and not Wednesbury unreasonable; a five‑year Restricted Proceedings Order was necessary and proportionate to prevent ongoing abuse of process by a vexatious litigant.
31 Oct 2023

NGUYEN KHANH DUY v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

Citation

[2023] HKCFI 2801
Court

Court of First Instance
Case number

HCAL1546/2023

Leave to apply for judicial review was refused because the applicant's assertions were vague and not reasonably arguable, he failed to provide sufficient evidence of a significant change of circumstances or a realistic prospect of success under s37ZO, and there was no error of law or procedural unfairness in the Director's decision; a Restricted Proceedings Order was warranted because the applicant had persistently sought to re-litigate a finally determined non-refoulement claim, constituting an abuse of process warranting restraint under section 27/27A and the court's inherent jurisdiction.
28 Apr 2023

BUI QUANG HUY v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

Citation

[2023] HKCFI 1068
Court

Court of First Instance
Case number

HCAL265/2023

Leave to apply for judicial review was refused because the applicant failed to provide sufficient written evidence of a significant change of circumstances as required by s37ZO and therefore his proposed subsequent claim had no realistic prospect of success; the Director's decision was lawful, reasonable and procedurally fair; given repeated attempts to relitigate the same matter the court also properly made a five year Restricted Proceedings Order under section 27 of the High Court Ordinance and the court's inherent jurisdiction to prevent abuse of process.
9 Sept 2022

SANDHU SHANI v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

Citation

[2022] HKCFI 2801
Court

Court of First Instance
Case number

HCAL691/2022

The applicant's leave application was dismissed and time to apply was not extended because the applicant was more than 3½ years late, offered no good reason for the inordinate delay, relied on the same previously rejected grounds so there was no prospect of success, and the Director lawfully applied s37ZO; a Restricted Proceedings Order was justified to prevent further vexatious re-litigation.
23 Aug 2021

REZA SAHIN v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

Citation

[2021] HKCFI 2471
Court

Court of First Instance
Case number

HCAL731/2021

Leave to apply for judicial review was refused because the Director lawfully applied section 37ZO and correctly found the applicant failed to show any significant change of circumstances or any material that, together with prior submissions, would give a realistic prospect of success; consequently there was no arguable ground for judicial review. A Restricted Proceedings Order was justified because the applicant persistently sought to re-litigate a finally determined claim, amounting to abuse of process, and the court properly exercised s27 HCO and inherent jurisdiction to restrict further pr…

Hong Kong Case Law

AKHTAR KAMRAN v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

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

NGUYEN KHANH DUY v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

BUI QUANG HUY v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

SANDHU SHANI v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

REZA SAHIN v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]