Hong Kong Case Law: Decisions & Judgments

Topic

Subsequent claim under s.37zo immigration ordinance

Legal area

Court

5 Dec 2024

RAI CHANDA KUMARI v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

Citation

[2024] HKCFI 3446
Court

Court of First Instance
Case number

HCAL1777/2024

Leave refused because the Director correctly applied s.37ZO: the purported new facts did not amount to a significant change of circumstances nor, when combined with the prior material and prior adverse credibility/findings, give the subsequent claim a realistic prospect of success; no error of law or procedural unfairness was identified and there was no prospect of success to justify granting leave.
31 Oct 2023

AKTER SAFIA v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

Citation

[2023] HKCFI 2797
Court

Court of First Instance
Case number

HCAL1612/2023

Leave was refused because the Director correctly applied s.37ZO, the Applicant failed to demonstrate a significant change of circumstances or a realistic prospect of success; the Director did not err in law or breach procedural fairness in declining a further screening interview or in assessing COI and evidence; given repeated, meritless attempts to re-litigate finally determined non-refoulement claims, a RPO under s.27 and the court's inherent jurisdiction was justified to prevent abuse of process, with specified conditions and a five-year duration.
12 Jul 2022

MANGANAAN SIXTA ZAMUDIO v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

Citation

[2022] HKCFI 2124
Court

Court of First Instance
Case number

HCAL411/2022

The Director's decision refusing the subsequent claim was lawful: the applicant failed to show a significant change of circumstances under s.37ZO; the Director's fact-finding was not Wednesbury unreasonable or procedurally unfair; accordingly leave to apply for judicial review was refused and a Restricted Proceedings Order was necessary to prevent abuse of the court's process.

Hong Kong Case Law

RAI CHANDA KUMARI v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

AKTER SAFIA v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

MANGANAAN SIXTA ZAMUDIO v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]