PA v. DIRECTOR OF IMMIRGRATION

PA v. DIRECTOR OF IMMIRGRATION

The judge exercised case management discretion to advance the rolled-up hearing to 22 May 2019 at 10:00 am, rejecting the applicant's proposal to fix the hearing according to the applicant's diary only and requiring consideration of both parties' and the court's diaries; the question of whether the removal was unlawful and any order facilitating return is to be determined at the re-fixed rolled-up hearing.

Citation
[2019] HKCFI 599
Parties
Applicant: PA; Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 March 2019
Case Number
HCAL1668/2018
Procedural Posture
Judicial Review (non Refoulement Removal Challenge) / Interlocutory: Summons to Bring Forward Rolled Up Hearing
Outcome
Summons granted in part: rolled-up hearing re-fixed and applicant's proposal to fix hearing by reference to applicant's diary only refused
Legal Topics
Non Refoulement, Judicial Review, Detention and Removal, Access to Justice, Case Management
Source Language
EN
Administrative Law Constitutional Law Immigration Law Human Rights Non Refoulement Judicial Review Detention and Removal Access to Justice +1 more

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Parties

PA

Applicant

Director of Immigration

Putative Respondent

Procedural Posture

Judicial Review (non Refoulement Removal Challenge) / Interlocutory: Summons to Bring Forward Rolled Up Hearing

Legal Issues

  1. 1 Whether the rolled-up hearing should be brought forward on urgency grounds
  2. 2 Whether the respondent unlawfully removed the applicant without sufficient notice, impeding access to justice
  3. 3 Whether the court should order the respondent to facilitate the applicant's return to Hong Kong

Ratio Decidendi

The judge exercised case management discretion to advance the rolled-up hearing to 22 May 2019 at 10:00 am, rejecting the applicant's proposal to fix the hearing according to the applicant's diary only and requiring consideration of both parties' and the court's diaries; the question of whether the removal was unlawful and any order facilitating return is to be determined at the re-fixed rolled-up hearing.

Court Disposition

Summons granted in part: rolled-up hearing re-fixed and applicant's proposal to fix hearing by reference to applicant's diary only refused

Orders

  • Rolled-up hearing re-fixed to 22 May 2019 at 10:00 am.
  • Applicant's request to have the rolled-up hearing fixed in accordance with the applicant's diary only is refused; hearing dates must consider court and both parties' counsel diaries.