VIRENDER KUMAR v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

VIRENDER KUMAR v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

Leave was refused because the Director's decision was superseded by the Board's Decision and thus not properly the subject of this leave application; even treated as an application challenging the Board's Decision, the applicant advanced no particularised, reasonably arguable legal ground and the Board's Decision was lawfully reached, properly applied legal standards and was not Wednesbury unreasonable, so granting leave would be futile and the application was an abuse of process.

Citation
[2022] HKCFI 661
Parties
Applicant: Virender Kumar; Putative Respondent: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 March 2022
Case Number
HCAL518/2019
Procedural Posture
Application for Leave to Apply for Judicial Review / Determination on Paper; Leave Application Refused
Outcome
Application for leave to apply for judicial review refused; application dismissed as an abuse of process
Legal Topics
Non Refoulement, Leave to Apply for Judicial Review, Abuse of Process, Wednesbury Unreasonableness, Procedural Fairness, Credibility Findings
Source Language
EN
Constitutional and Administrative Law Immigration Law Judicial Review Non Refoulement Leave to Apply for Judicial Review Abuse of Process Wednesbury Unreasonableness Procedural Fairness +1 more

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Parties

Virender Kumar

Applicant

Director of Immigration

Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Determination on Paper; Leave Application Refused

Legal Issues

  1. 1 Whether leave should be granted to challenge the Director's decision given statutory appeal to the Board
  2. 2 Whether the Director's decision is susceptible to judicial review after the Board's decision
  3. 3 Whether the Board's Decision involved error of law, procedural unfairness or irrationality (enhanced Wednesbury)

Ratio Decidendi

Leave was refused because the Director's decision was superseded by the Board's Decision and thus not properly the subject of this leave application; even treated as an application challenging the Board's Decision, the applicant advanced no particularised, reasonably arguable legal ground and the Board's Decision was lawfully reached, properly applied legal standards and was not Wednesbury unreasonable, so granting leave would be futile and the application was an abuse of process.

Court Disposition

Application for leave to apply for judicial review refused; application dismissed as an abuse of process

Orders

  • Leave to apply for judicial review refused
  • Application dismissed