SHAH RABIA AND OTHERS v. DIRECTOR OF IMMIGRATION

SHAH RABIA AND OTHERS v. DIRECTOR OF IMMIGRATION

Leave to apply for judicial review was refused because the applicants failed to demonstrate any arguable public law error or Wednesbury irrationality: the Director considered the materials and lawfully exercised his wide discretion in finding no exceptional humanitarian grounds to justify residence outside the dependant policy.

Citation
[2023] HKCFI 1686
Parties
1st Applicant: Shah Rabia; 2nd Applicant: Shah Rahim; 3rd Applicant (minor): Shah Salman; 4th Applicant (minor): Shah Mujeeb; Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 July 2023
Case Number
HCAL663/2023
Procedural Posture
Judicial Review / Application for Leave to Apply for Judicial Review (leave Hearing) Dismissed
Outcome
Application for leave to apply for judicial review dismissed
Legal Topics
Dependant Visa, Judicial Review, Wednesbury Unreasonableness, Humanitarian Grounds, Reconsideration
Source Language
EN
Immigration Administrative Law Constitutional Law Dependant Visa Judicial Review Wednesbury Unreasonableness Humanitarian Grounds Reconsideration

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Parties

Shah Rabia

1st Applicant

Shah Rahim

2nd Applicant

Shah Salman

3rd Applicant (minor)

Shah Mujeeb

4th Applicant (minor)

Director of Immigration

Putative Respondent

Procedural Posture

Judicial Review / Application for Leave to Apply for Judicial Review (leave Hearing) Dismissed

Legal Issues

  1. 1 Whether the Director failed to take into account relevant humanitarian/compassionate considerations
  2. 2 Whether the Director failed to give adequate reasons for his decisions
  3. 3 Whether the Director's conclusions were Wednesbury unreasonable

Ratio Decidendi

Leave to apply for judicial review was refused because the applicants failed to demonstrate any arguable public law error or Wednesbury irrationality: the Director considered the materials and lawfully exercised his wide discretion in finding no exceptional humanitarian grounds to justify residence outside the dependant policy.

Court Disposition

Application for leave to apply for judicial review dismissed

Orders

  • Application for leave to apply for judicial review dismissed
  • Director's costs to be paid by the Applicants, to be assessed by the Judge on paper on a summary basis; costs order made nisi to become absolute if not varied by 11 August 2023