31 Dec 2025
MD MIR SHAFI MIAH v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]
- Citation
- [2025] HKCFI 6473
- Court
- Court of First Instance
- Case number
- HCAL2298/2020
The Director lawfully applied the statutory s.37ZO test and correctly concluded the Applicant failed to demonstrate a significant change of circumstances or provide sufficient fresh evidence to give a subsequent claim a realistic prospect of success; there was no error of law or procedural unfairness in that decision. Given the Applicant’s repeated attempts to re-litigate claims that have been finally determined (including determinations up to the Court of Final Appeal Appeal Committee), a Restricted Proceedings Order was justified to prevent abuse of process and vexatious litigation.