Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Arguability threshold

Legal area

Court

29 Apr 2024

FAISAL MUHAMMAD AND OTHERS v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

Citation

[2024] HKCFI 889
Court

Court of First Instance
Case number

HCAL1903/2023

The court granted leave to apply for judicial review on Grounds 1, 2 and 3 because those grounds were sufficiently arguable to satisfy the leave threshold; the court refused leave on Grounds 4 and 5 because they failed the arguability threshold.
17 Dec 2004

DIRECTOR OF IMMIGRATION v. KAN HUNG CHEUNG AND ANOTHER

Citation

DIRECTOR OF IMMIGRATION v. KAN HUNG CHEUNG AND ANOTHER
Court

Court of Final Appeal
Case number

FAMV17/2004

Leave to appeal was refused because the Court of Appeal had only decided the arguability of the respondents' challenge (a fact‑specific threshold matter) and the substantive issues had not been determined below; accordingly the questions posed by the Director were not yet fit for final determination and did not justify leave.