We have recently obtained leave to apply for judicial review from Deputy High Court K.W. Lung for a Pakistani non-refoulement claimant against the Director of Immigration’s decision in refusing his subsequent claim, and have successfully resisted a restricted proceedings order upon the Court’s own motion.

The standard of lodging a subsequent claim, which requires a significant change in circumstances and a realistic prospect of success, is very high to be accepted by the Director of Immigration (“the Director”). The Applicant had previously lodged his non-refoulement claim on the basis of his political opinion, which he no longer relies on. Instead, the Applicant now fears harm in Pakistan on the basis of his religious views (converting from Muslim to Christian).

In the present case, the Court found that, while the Director has correctly found that there is indeed a significant change in circumstances, the Director has overlooked the risk of harm faced by Christian apostates (rather than individuals who are born Christian) in Pakistan. The Director has failed to consider their heightened risk of harm, with reference to the relevant COI, as their conversion is treated as a form of blasphemy and persecuted by the community at large.

We are grateful for the assistance of Mr. Shaphan Marwah from Pantheon Chambers (instructed by Daly & Associates)