Hong Kong Case Law: Decisions & Judgments

Topic

Subsequent non-refoulement claim (section 37zo)

Legal area

Court

5 Nov 2025

AKHAND SHIMUL v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

Citation

[2025] HKCFI 5202
Court

Court of First Instance
Case number

HCAL1724/2025

The immigration officer correctly applied the statutory s 37ZO test, found no significant change of circumstances and no realistic prospect of success because the intended subsequent claim substantially repeated the previous fictitious claim rejected by the Board; there was no error of law, procedural unfairness or irrationality and therefore leave is refused.
21 Feb 2024

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

Citation

[2024] HKCFI 552
Court

Court of First Instance
Case number

HCAL1554/2023

The 2016 withdrawal was a deliberate and informed act and therefore final; the applicant’s excessive delay (nearly seven years) combined with lack of any realistic prospect of success justified refusal of leave to apply for judicial review of the 2016 Decision; the 2023 Notice refusing a subsequent claim contained no legal error, irrationality or procedural unfairness and the proposed review had no realistic prospect of success; leave to amend the Form 86 to add the 2023 Decision was granted but leave to apply for judicial review and extension of time in respect of the 2016 Decision was refus…
11 Apr 2023

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

Citation

[2023] HKCFI 542
Court

Court of First Instance
Case number

HCAL1024/2022

Applicant did not supply sufficient written evidence to satisfy s37ZO that there had been a significant change of circumstances or that any change, together with prior material, gave a realistic prospect of success; prior determinations were final; no arguable error of law or procedural unfairness was identified on rigorous review; leave to apply for judicial review was therefore refused. Given repeated attempts to re‑litigate finally determined non‑refoulement claims and the absence of reasonable grounds, an RPO under ss27/27A High Court Ordinance and the Court’s inherent jurisdiction was ju…

Hong Kong Case Law

AKHAND SHIMUL v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

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

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