SAH SHIV KUMAR v. THE DIRECTOR OF IMMIGRATION

SAH SHIV KUMAR v. THE DIRECTOR OF IMMIGRATION

The deportation order was lawfully made and remained in force; by operation of s20(7) any visa would be invalidated and the Director was therefore correct to refuse to consider or grant a dependant visa; the challenge to the deportation order was not reasonably arguable and there was no proper basis to extend time for judicial review.

Citation
[2019] HKCFI 796
Parties
Applicant: Sah Shiv Kumar; Putative Respondent: The Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 March 2019
Case Number
HCAL435/2019
Procedural Posture
Leave to Apply for Judicial Review / Application for Leave
Outcome
Court refused to extend time for the Applicant to apply for leave and dismissed the application for leave to apply for judicial review; no order as to costs.
Legal Topics
Deportation Order, Dependant Visa, Non Refoulement, Judicial Review, Extension of Time
Source Language
EN
Immigration Law Constitutional Law Administrative Law Deportation Order Dependant Visa Non Refoulement Judicial Review Extension of Time

Case Brief

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Parties

Sah Shiv Kumar

Applicant

The Director of Immigration

Putative Respondent

Procedural Posture

Leave to Apply for Judicial Review / Application for Leave

Legal Issues

  1. 1 Whether the Director lawfully refused to consider or grant a dependant visa when a deportation order was in force
  2. 2 Whether the deportation order could be challenged out of time or merit a suspension/rescission
  3. 3 Whether marriage or subsequent conduct/family hardship affects validity or enforcement of a deportation order

Ratio Decidendi

The deportation order was lawfully made and remained in force; by operation of s20(7) any visa would be invalidated and the Director was therefore correct to refuse to consider or grant a dependant visa; the challenge to the deportation order was not reasonably arguable and there was no proper basis to extend time for judicial review.

Court Disposition

Court refused to extend time for the Applicant to apply for leave and dismissed the application for leave to apply for judicial review; no order as to costs.

Orders

  • Refuse extension of time to apply for leave to apply for judicial review
  • Dismiss application for leave to apply for judicial review