RAI RAJENDRA KUMAR v. DIRECTOR OF IMMIGRATION

RAI RAJENDRA KUMAR v. DIRECTOR OF IMMIGRATION

Leave dismissed because applicant failed to show an arguable case: the Director's refusal was based on lack of genuine dependency established by contemporaneous internal minutes; applicant suffered no substantial prejudice from the public reasons; the Stepsons are now over 18 and fall outside the Dependant Policy; HKBOR/Basic Law claims excluded by s11/Comilang; application was out of time so no extension granted.

Citation
[2019] HKCFI 2579
Parties
Applicant: Rai Rajendra Kumar; Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 October 2019
Case Number
HCAL1093/2018
Procedural Posture
Leave Application for Judicial Review / Decision on Leave Application Dismissed
Outcome
Application for leave to apply for judicial review dismissed
Legal Topics
Dependant Visa, Dependency Policy, Reasons Challenge, Basic Law, Hong Kong Bill of Rights
Source Language
EN
Immigration Administrative Law Constitutional Law Dependant Visa Dependency Policy Reasons Challenge Basic Law Hong Kong Bill of Rights

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Parties

Rai Rajendra Kumar

Applicant

Director of Immigration

Putative Respondent

Procedural Posture

Leave Application for Judicial Review / Decision on Leave Application Dismissed

Legal Issues

  1. 1 Whether reasons given were adequate
  2. 2 Whether the Stepsons were genuine dependants under the Director's Dependant Policy
  3. 3 Whether refusal breached Basic Law or Hong Kong Bill of Rights

Ratio Decidendi

Leave dismissed because applicant failed to show an arguable case: the Director's refusal was based on lack of genuine dependency established by contemporaneous internal minutes; applicant suffered no substantial prejudice from the public reasons; the Stepsons are now over 18 and fall outside the Dependant Policy; HKBOR/Basic Law claims excluded by s11/Comilang; application was out of time so no extension granted.

Court Disposition

Application for leave to apply for judicial review dismissed

Orders

  • Leave application dismissed
  • No extension of time granted