CHEN CHENGZHI v. DIRECTOR OF IMMIGRATION AND ANOTHER

CHEN CHENGZHI v. DIRECTOR OF IMMIGRATION AND ANOTHER

The Tribunal's decision was quashed because it failed to give adequate reasons for rejecting the applicant's evidence; the matter is remitted to a differently constituted Immigration Tribunal for fresh determination; the challenge to the Director's refusal was dismissed because the registration documents did not prove the applicant's mother's birthplace and the Director's decision was not irrational.

Citation
CHEN CHENGZHI v. DIRECTOR OF IMMIGRATION AND ANOTHER
Parties
Applicant: Applicant; 1st Respondent: Director of Immigration; 2nd Respondent: Immigration Tribunal
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 March 2006
Case Number
HCAL40/2005
Procedural Posture
Judicial Review (right of Abode / Certificate of Entitlement) / Judgment (court of First Instance, 13 March 2006)
Outcome
Application for judicial review allowed in part: Tribunal decision quashed and remitted for fresh determination; challenge to Director dismissed
Legal Topics
Right of Abode, Certificate of Entitlement, Permanent Residency, Duty to Give Reasons, Wednesbury Irrationality, Burden of Proof
Source Language
EN
Immigration Administrative Law Constitutional Law Public Law Right of Abode Certificate of Entitlement Permanent Residency Duty to Give Reasons +2 more

Case Brief

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Parties

Applicant

Applicant

Director of Immigration

1st Respondent

Immigration Tribunal

2nd Respondent

Procedural Posture

Judicial Review (right of Abode / Certificate of Entitlement) / Judgment (court of First Instance, 13 March 2006)

Legal Issues

  1. 1 Whether the applicant's mother was born in Hong Kong
  2. 2 Whether a parent had ordinarily resided in Hong Kong continuously for seven years prior to applicant's birth
  3. 3 Whether the Immigration Tribunal failed to give adequate reasons for its findings

Ratio Decidendi

The Tribunal's decision was quashed because it failed to give adequate reasons for rejecting the applicant's evidence; the matter is remitted to a differently constituted Immigration Tribunal for fresh determination; the challenge to the Director's refusal was dismissed because the registration documents did not prove the applicant's mother's birthplace and the Director's decision was not irrational.

Court Disposition

Application for judicial review allowed in part: Tribunal decision quashed and remitted for fresh determination; challenge to Director dismissed

Orders

  • Quash the decision of the Immigration Tribunal dismissing the applicant's appeal
  • Remit the matter to a differently constituted Immigration Tribunal for fresh determination pursuant to Order 53 rule 9(4) of the Rules of the High Court