4 Dec 2012
GHULAM RBANI v. SECRETARY FOR JUSTICE for and on behalf of THE DIRECTOR OF IMMIGRATION
- Citation
- GHULAM RBANI v. SECRETARY FOR JUSTICE for and on behalf of THE DIRECTOR OF IMMIGRATION
- Court
- Court of Appeal
- Case number
- CACV267/2011
Detention under IO s.32(2A) is part of immigration decision-making governing entry, stay and departure and therefore falls within the exception of HKBORO s.11 so BOR5 cannot be invoked to challenge that detention; A (Torture Claimant) is distinguishable because it concerned different detention provisions; on the facts the statutory detention complied with Hardial Singh principles and the claimant proved causation for more than nominal damages; appeal and cross-appeal dismissed.