SHARIFUL ISLAM v. SECRETARY FOR SECURITY

SHARIFUL ISLAM v. SECRETARY FOR SECURITY

The application for leave was dismissed because the applicant failed to plead or demonstrate any arguable legal ground: a bare statement of disagreement does not establish illegality, irrationality or procedural unfairness in the Deportation Order made under s 20(1)(a); the materials showed no realistic prospect of...

Source-derived case information.

Citation
[2020] HKCFI 2455
Parties
Applicant: Shariful Islam; Putative Respondent: Secretary for Security
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 September 2020
Case Number
HCAL1590/2020
Procedural Posture
Judicial Review (leave to Apply) Immigration/deportation / Leave Application (application for Leave Dismissed)
Outcome
Application for leave to apply for judicial review dismissed
Legal Topics
Deportation, Non Refoulement, Judicial Review, Immigration Detention, Procedural Fairness
Source Language
en
Constitutional Law Administrative Law Immigration Law Human Rights Deportation Non Refoulement Judicial Review Immigration Detention +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Shariful Islam

Applicant

Secretary for Security

Putative Respondent

Procedural Posture

Judicial Review (leave to Apply) Immigration/deportation / Leave Application (application for Leave Dismissed)

Legal Issues

  1. 1 Whether the Deportation Order made under s 20(1)(a) of the Immigration Ordinance was unlawful, irrational or procedurally unfair
  2. 2 Whether the applicant established arguable grounds for judicial review warranting leave
  3. 3 Whether COVID-19 or fear of infection constitutes a proper ground to resist deportation

Ratio Decidendi

The application for leave was dismissed because the applicant failed to plead or demonstrate any arguable legal ground: a bare statement of disagreement does not establish illegality, irrationality or procedural unfairness in the Deportation Order made under s 20(1)(a); the materials showed no realistic prospect of success and COVID-19 fears do not amount to a proper ground to challenge the order.

Court Disposition

Application for leave to apply for judicial review dismissed

Orders

  • Leave application dismissed
  • No order as to costs