有關 PHAM VAN TUNG 的事宜

有關 PHAM VAN TUNG 的事宜

The Court held the Director did not err in law and reasonably concluded there was no material change or supporting evidence making the second successive application have a real prospect of success; the lower judge correctly refused permission and the appeal is dismissed.

Source-derived case information.

Citation
[2022] HKCA 241
Parties
Applicant: PHAM VAN TUNG; Respondent: Director of Immigration
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
17 February 2022
Case Number
CACV212/2021
Procedural Posture
Judicial Review (non Refoulement) / Appeal From Refusal of Permission to Apply for Judicial Review
Outcome
Appeal dismissed
Legal Topics
Non Refoulement, Successive Application, Permission to Apply for Judicial Review, Material Change, Standard of Review
Source Language
ch
Immigration Administrative Law Human Rights Judicial Review Non Refoulement Successive Application Permission to Apply for Judicial Review Material Change +1 more

Source-derived case record

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Parties

PHAM VAN TUNG

Applicant

Director of Immigration

Respondent

Procedural Posture

Judicial Review (non Refoulement) / Appeal From Refusal of Permission to Apply for Judicial Review

  1. 1 Whether the Director lawfully refused the applicant's second successive non‑refoulement application as lacking a material change
  2. 2 Whether the applicant demonstrated an arguable case to justify granting permission to apply for judicial review
  3. 3 Whether the court should interfere with the administrative decision absent legal error, failure to consider relevant matters or obvious mistake

Ratio Decidendi

The Court held the Director did not err in law and reasonably concluded there was no material change or supporting evidence making the second successive application have a real prospect of success; the lower judge correctly refused permission and the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed