IBRAHIM SAMEH AND OTHERS v. DIRECTOR OF IMMIGRATION

IBRAHIM SAMEH AND OTHERS v. DIRECTOR OF IMMIGRATION

Detention from 12 January 2015 to the date of hearing was not unreasonably long given the factual circumstances (NCFs lodged only on the day of hearing) and the Director's demonstrable intent and reasonable belief that removal or release could occur within a reasonable time; therefore the habeas corpus applications were refused.

Citation
IBRAHIM SAMEH AND OTHERS v. DIRECTOR OF IMMIGRATION
Parties
Applicant: IBRAHIM SAMEH; Applicant: SELIM GUIRGUIS; Applicant: IBRAHIM REMONDA; Applicant: IBRAHIM KHALAF; Putative Respondent: DIRECTOR OF IMMIGRATION
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 February 2015
Case Number
HCZZ13/2015
Procedural Posture
Habeas Corpus / Judgment After Hearing in Chambers (18 February 2015)
Outcome
Habeas corpus applications refused
Legal Topics
Detention, Non Refoulement, Habeas Corpus, Detention Pending Deportation, Reasonableness of Detention
Source Language
EN
Immigration Law Administrative Law Human Rights Law Detention Non Refoulement Habeas Corpus Detention Pending Deportation Reasonableness of Detention

Case Brief

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Parties

IBRAHIM SAMEH

Applicant

SELIM GUIRGUIS

Applicant

IBRAHIM REMONDA

Applicant

IBRAHIM KHALAF

Applicant

DIRECTOR OF IMMIGRATION

Putative Respondent

Procedural Posture

Habeas Corpus / Judgment After Hearing in Chambers (18 February 2015)

Legal Issues

  1. 1 Whether the applicants' detention was unlawful due to excessive/unreasonable length
  2. 2 Whether the Director had lawful authority to detain the applicants pending determination of non-refoulement claims and removal
  3. 3 Whether the detention should be terminated by writ of habeas corpus

Ratio Decidendi

Detention from 12 January 2015 to the date of hearing was not unreasonably long given the factual circumstances (NCFs lodged only on the day of hearing) and the Director's demonstrable intent and reasonable belief that removal or release could occur within a reasonable time; therefore the habeas corpus applications were refused.

Court Disposition

Habeas corpus applications refused

Orders

  • Habeas corpus applications refused
  • No order as to costs