SAH SHIV KUMAR v. THE DIRECTOR OF IMMIGRATION

SAH SHIV KUMAR v. THE DIRECTOR OF IMMIGRATION

The application for leave to appeal was dismissed because the applicant did not demonstrate reasonable prospects of success nor any other reason in the interests of justice, and he had not pursued the statutory remedy of suspension or rescission under ss.54-55 which, in any event, his grounds would not justify.

Citation
[2019] HKCFI 1165
Parties
Applicant: SAH SHIV KUMAR; Putative Respondent: THE DIRECTOR OF IMMIGRATION
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 May 2019
Case Number
HCAL435/2019
Procedural Posture
Judicial Review / Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed
Legal Topics
Deportation Order, Dependant Visa, Extension of Time, Rescission and Suspension Under Immigration Ordinance Ss54 55, Leave to Apply for Judicial Review
Source Language
EN
Immigration Law Administrative Law Constitutional Law Judicial Review Deportation Order Dependant Visa Extension of Time Rescission and Suspension Under Immigration Ordinance Ss54 55 +1 more

Case Brief

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Parties

SAH SHIV KUMAR

Applicant

THE DIRECTOR OF IMMIGRATION

Putative Respondent

Procedural Posture

Judicial Review / Application for Leave to Appeal

Legal Issues

  1. 1 Whether to grant leave to appeal against refusal to extend time to apply for leave to apply for judicial review
  2. 2 Whether the applicant could seek suspension or rescission of the deportation order under ss.54-55 of the Immigration Ordinance
  3. 3 Whether the intended appeal has a reasonable prospect of success or there is any other reason in the interests of justice to hear the appeal

Ratio Decidendi

The application for leave to appeal was dismissed because the applicant did not demonstrate reasonable prospects of success nor any other reason in the interests of justice, and he had not pursued the statutory remedy of suspension or rescission under ss.54-55 which, in any event, his grounds would not justify.

Court Disposition

Application for leave to appeal dismissed

Orders

  • Application for leave to appeal dismissed with no order as to costs