KC v. THE DIRECTOR OF IMMIGRATION

KC v. THE DIRECTOR OF IMMIGRATION

The applicant failed to demonstrate a reasonable prospect of success or any other reason in the interests of justice to grant leave to appeal; the proposed grounds of judicial review were not reasonably arguable; there was substantial delay and, on the facts, the application had become academic; accordingly leave to appeal was refused and costs were awarded to the Director of Immigration.

Citation
[2019] HKCFI 126
Parties
Applicant: KC; Putative Respondent: The Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 January 2019
Case Number
HCAL413/2018
Procedural Posture
Judicial Review (leave to Apply / Extension of Time) / Application for Leave to Appeal Against Dismissal of Extension of Time and Leave to Apply for Judicial Review
Outcome
Application for leave to appeal dismissed
Legal Topics
Extension of Time, Leave to Apply for Judicial Review, Duty of Candour, Statutory Construction, Mistake of Fact, Public Importance
Source Language
EN
Constitutional and Administrative Law Immigration Law Judicial Review Procedure Extension of Time Leave to Apply for Judicial Review Duty of Candour Statutory Construction Mistake of Fact +1 more

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Parties

KC

Applicant

The Director of Immigration

Putative Respondent

Procedural Posture

Judicial Review (leave to Apply / Extension of Time) / Application for Leave to Appeal Against Dismissal of Extension of Time and Leave to Apply for Judicial Review

Legal Issues

  1. 1 Whether leave to appeal should be granted under s14AA(4) High Court Ordinance (Cap 4A)
  2. 2 Whether an extension of time to apply for leave to apply for judicial review should be granted
  3. 3 Whether the proposed grounds of judicial review were reasonably arguable and had a realistic prospect of success

Ratio Decidendi

The applicant failed to demonstrate a reasonable prospect of success or any other reason in the interests of justice to grant leave to appeal; the proposed grounds of judicial review were not reasonably arguable; there was substantial delay and, on the facts, the application had become academic; accordingly leave to appeal was refused and costs were awarded to the Director of Immigration.

Court Disposition

Application for leave to appeal dismissed

Orders

  • Leave to appeal dismissed
  • Costs to Director of Immigration assessed at HK$50,000