HCAL 796/2024

[2024] HKCFI 2067

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 796 of 2024

Application for Leave to Apply for Judicial Review

NOTIFICATION of the Judge’s decision (Ord. 53 r. 3)

Following;

	cconsideration of documents only; or
	consideration of documents and Applicant being present in open court;

1. Leave to apply for Judicial Review be refused; and

2. A Restricted Proceedings Order (RPO) be made against the applicant.

Observations for the Applicant:

THE APPLICATION

1. This is the applicant’s application for leave to apply for judicial review of the decision of the Director of Immigration dated 2 May 2024 (the “Director’s Decision”) refusing her subsequent claim of HCAL 2688 of 2018 (the “previous claim”) under section 37ZO of the Immigration Ordinance, Cap. 115 (the “Ordinance”).

2. The Court, upon its own motion, has called upon the applicant to appear before it to show cause why the Court should not make a restricted proceedings order (“RPO”) against her since there is evidence to show that if unrestricted, the applicant may take out further proceedings to assert her non-refoulement claim on the same facts of the case, thereby abusing the legal process.

3. The applicant appeared before the Court on 3 July 2024 and admitted that she relied upon the same reasons in her previous claim in support of her subsequent claim.

The procedural history

4. The applicant is a national of Vietnam, aged 64. She entered Hong Kong as a visitor on 20 September 2001 and was allowed to stayed as a visitor until 4 October 2001. She overstayed since 5 October 2001. She was repatriated to Vietnam, but she returned to Hong Kong again. She surrendered to the Immigration Department on 20 October 2014 and claimed that she arrived in Hong Kong on 10 October 2014. She raised her non-refoulement claim by way of a written signification on 20 October 2014 on the grounds of all applicable risks .

5. Her claim was rejected by the Director for the reason that her claim was not substantiated.

6. She appealed to the Torture Claims Appeal Board/Non-refoulement Claims Petition Office (“the Board”). By Decision dated 18 October 2018 (“the Board’s Decision”), the Board dismissed her appeal.

7. She applied to the Court of the First Instance for leave to apply for judicial review of the Board’s Decision. The Court of the First Instance dismissed her application.

8. She appealed and pursued all the way to the Court of Appeal, which dismissed her appeal.

9. Her notice of motion against the Court of Appeal’s decision to the Court of Final Appeal was dismissed by the Court of Final Appeal on 24 October 2023.

10. By letters dated 27 November 2023, the applicant applied for subsequent claim under section ZO of the Ordinance.

11. By the