NG WING HUNG v. COMMISSIONER OF REGISTRATION AND ANOTHER

NG WING HUNG v. COMMISSIONER OF REGISTRATION AND ANOTHER

The Tribunal's decision was quashed because it failed to address substantial and material challenges to the primary evidence relied upon (the four BEEA letters, the application form and related witness statement), and it made a determinative factual finding on PRC law (that reunion with an uncle is a recognized...

Source-derived case information.

Citation
NG WING HUNG v. COMMISSIONER OF REGISTRATION AND ANOTHER
Parties
Applicant: Ng Wing Hung; 1st Respondent: Commissioner of Registration; 2nd Respondent: Registration of Persons Tribunal
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 July 2007
Case Number
HCAL125/2006
Procedural Posture
Judicial Review / Judgment (leave Granted; Remittal Ordered)
Outcome
Application for judicial review allowed; decision of Registration of Persons Tribunal quashed; appeal remitted to a differently constituted Tribunal; costs ordered nisi against the Commissioner
Legal Topics
Right of Abode, Permanent Residence, Wednesbury Unreasonableness, Standard of Proof, Remittal to Tribunal, Documentary Evidence
Source Language
en
Constitutional Law Administrative Law Immigration Law Evidence Law Right of Abode Permanent Residence Wednesbury Unreasonableness Standard of Proof +2 more

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Summary, issues, holding and outcome

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Parties

Ng Wing Hung

Applicant

Commissioner of Registration

1st Respondent

Registration of Persons Tribunal

2nd Respondent

Procedural Posture

Judicial Review / Judgment (leave Granted; Remittal Ordered)

Legal Issues

  1. 1 Whether the Commissioner proved the One-way Permit was obtained unlawfully
  2. 2 Whether the Tribunal acted Wednesbury unreasonably by failing to address material challenges to core evidence
  3. 3 Whether the Tribunal erred in treating academic/practice evidence on PRC law as irrelevant and making unsupported factual findings

Ratio Decidendi

The Tribunal's decision was quashed because it failed to address substantial and material challenges to the primary evidence relied upon (the four BEEA letters, the application form and related witness statement), and it made a determinative factual finding on PRC law (that reunion with an uncle is a recognized ground) without evidential basis; accordingly the Tribunal's conclusion that the Commissioner had discharged the burden was unreasonable and the matter must be remitted to a differently constituted Tribunal for fresh determination.

Court Disposition

Application for judicial review allowed; decision of Registration of Persons Tribunal quashed; appeal remitted to a differently constituted Tribunal; costs ordered nisi against the Commissioner

Orders

  • Order nisi that the Commissioner pays the costs of the applicant, to be taxed if not agreed