YANG PEIRU AND ANOTHER v. DIRECTOR OF IMMIGRATION

YANG PEIRU AND ANOTHER v. DIRECTOR OF IMMIGRATION

The court found no error of law or fact, no unfairness and no perversity or Wednesbury unreasonableness in the Director's decision and concluded the intended appeal had no reasonable prospect of success; accordingly the court exercised its discretion and refused to extend time to appeal.

Citation
YANG PEIRU AND ANOTHER v. DIRECTOR OF IMMIGRATION
Parties
1st Applicant: Yang Peiru; 2nd Applicant: Yu Qi Lin; Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 February 2015
Case Number
HCAL119/2014
Procedural Posture
Constitutional and Administrative Law Application for Extension of Time to Appeal Against Refusal of Leave to Apply for Judicial Review / Decision on Application for Extension of Time to Appeal
Outcome
Application for extension of time dismissed
Legal Topics
Extension of Time, Leave to Apply for Judicial Review, Humanitarian Grounds, Wednesbury Unreasonableness, Legal Aid
Source Language
EN
Administrative Law Constitutional Law Immigration Law Civil Procedure Extension of Time Leave to Apply for Judicial Review Humanitarian Grounds Wednesbury Unreasonableness +1 more

Case Brief

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Parties

Yang Peiru

1st Applicant

Yu Qi Lin

2nd Applicant

Director of Immigration

Putative Respondent

Procedural Posture

Constitutional and Administrative Law Application for Extension of Time to Appeal Against Refusal of Leave to Apply for Judicial Review / Decision on Application for Extension of Time to Appeal

Legal Issues

  1. 1 Whether the court should exercise its discretion to extend time to appeal
  2. 2 Whether the Director of Immigration committed error of law or fact or failed to act fairly
  3. 3 Whether the Director's decision was perverse or Wednesbury unreasonable

Ratio Decidendi

The court found no error of law or fact, no unfairness and no perversity or Wednesbury unreasonableness in the Director's decision and concluded the intended appeal had no reasonable prospect of success; accordingly the court exercised its discretion and refused to extend time to appeal.

Court Disposition

Application for extension of time dismissed

Orders

  • The application for extension of time to appeal is dismissed.