PVQ AND OTHERS v. PERMANENT SECRETARY FOR SECURTIY

PVQ AND OTHERS v. PERMANENT SECRETARY FOR SECURTIY

The Permanent Secretary lawfully refused to rescind the deportation order because he legitimately exercised his wide discretion after considering relevant material; he was under no legal duty to give detailed reasons to a person without the right to remain; family rights and the CRC do not oblige rescission for persons without right to remain; there was no procedural unfairness, irrationality or arguable discrimination, and consequently no basis to grant extension of time or leave to apply for judicial review.

Citation
PVQ AND OTHERS v. PERMANENT SECRETARY FOR SECURTIY
Parties
1st Applicant: PVQ; 2nd Applicant: LTKP; 3rd Applicant: PQH; Putative Respondent: Permanent Secretary for Security
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 October 2017
Case Number
HCAL21/2017
Procedural Posture
Judicial Review (application to Rescind Deportation Order) / Application for Extension of Time and Leave to Apply for Judicial Review; Final Judgment Refusing Extension and Leave
Outcome
Extension of time and leave to apply for judicial review refused; summons dismissed
Legal Topics
Deportation Order, Rescission of Deportation Order, Procedural Fairness, Wednesbury Irrationality, Discrimination, Family Rights, Non Refoulement
Source Language
EN
Immigration Law Administrative Law Constitutional Law Human Rights Deportation Order Rescission of Deportation Order Procedural Fairness Wednesbury Irrationality +3 more

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Parties

PVQ

1st Applicant

LTKP

2nd Applicant

PQH

3rd Applicant

Permanent Secretary for Security

Putative Respondent

Procedural Posture

Judicial Review (application to Rescind Deportation Order) / Application for Extension of Time and Leave to Apply for Judicial Review; Final Judgment Refusing Extension and Leave

Legal Issues

  1. 1 Whether the Permanent Secretary was obliged to give detailed reasons for refusing rescission
  2. 2 Whether the Permanent Secretary failed to take into account relevant considerations or acted irrationally
  3. 3 Whether the Decision was discriminatory against foreign nationals compared with One-way Permit holders

Ratio Decidendi

The Permanent Secretary lawfully refused to rescind the deportation order because he legitimately exercised his wide discretion after considering relevant material; he was under no legal duty to give detailed reasons to a person without the right to remain; family rights and the CRC do not oblige rescission for persons without right to remain; there was no procedural unfairness, irrationality or arguable discrimination, and consequently no basis to grant extension of time or leave to apply for judicial review.

Court Disposition

Extension of time and leave to apply for judicial review refused; summons dismissed

Orders

  • Extension of time to apply for leave refused
  • Leave to apply for judicial review refused