Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Cat claims (convention against torture)

Legal area

Court

9 Apr 2009

M v. DIRECTOR OF IMMIGRATION AND ANOTHER

Citation

M v. DIRECTOR OF IMMIGRATION AND ANOTHER
Court

Court of First Instance
Case number

HCAL106/2007

The application for a supplemental judgment was refused because the delivered judgment and its reasons already made plain that delay was an integral part of the high standard of fairness for CAT claims and that applicants would have succeeded on delay as well; therefore additional separate written reasons were unnecessary and the court need not address every ground where applicants succeeded on other grounds.
9 Apr 2009

PVK v. DIRECTOR OF IMMIGRATION AND ANOTHER

Citation

PVK v. DIRECTOR OF IMMIGRATION AND ANOTHER
Court

Court of First Instance
Case number

HCAL125/2007

The court refused the application for a supplemental judgment because the existing judgment and reasons, read as a whole, plainly incorporated the conclusion that delay in CAT claim determinations would constitute procedural unfairness and that applicants would have succeeded on that ground; having decided the case on other grounds and given sufficient reasons, no supplemental judgment was necessary, although respondents must implement an appropriate assessment scheme with expedition.