13 Mar 2014
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 Final Appeal
- Case number
- FACV15/2013
The Court applied Hardial Singh principles to IO s32 and held initial detention lawful but the Director failed to act with reasonable diligence and expedition after the CAT claim was known, rendering detention excessive by ten days; lack of a published policy was not established as rendering detention unlawful; BOR Art 5(1) and BL Art 28 reliance was precluded in this immigration context by HKBORO s11; appellant entitled to damages of HK$10,000 for ten days of unlawful detention and costs as ordered.