Hong Kong Case Law: Decisions & Judgments

Topic

Change of immigration status

Legal area

Court

25 Jan 2000

MALIK AZMAT SHERAZI v. THE DIRECTOR OF IMMIGRATION

Citation

MALIK AZMAT SHERAZI v. THE DIRECTOR OF IMMIGRATION
Court

Court of First Instance
Case number

HCAL129/1999

The Director possessed and lawfully exercised an absolute administrative discretion to refuse the applicant's change of status; he considered relevant materials, there was no procedural irregularity and the decision was not Wednesbury unreasonable, so the applicant failed to establish an arguable case for leave to apply for judicial review.
25 Oct 1999

GAM BAHADUR GURUNG v. THE DIRECTOR OF IMMIGRATION

Citation

GAM BAHADUR GURUNG v. THE DIRECTOR OF IMMIGRATION
Court

Court of First Instance
Case number

HCAL48/1999

The Director lawfully exercised his discretionary power under the Immigration Ordinance; he gave reasons, there was no procedural impropriety or illegality, the sponsor's proven income and accommodation were legitimately assessed as insufficient to support two adults, and the decision was not irrational in the Wednesbury sense, therefore the judicial review application was dismissed.
8 Dec 1997

RESHMA SHRESTHA v. THE DIRECTOR OF IMMIGRATION

Citation

RESHMA SHRESTHA v. THE DIRECTOR OF IMMIGRATION
Court

Court of First Instance
Case number

HCAL95/1997

On the material before the senior immigration officer there was sufficient material for him reasonably to conclude that the Applicant and her husband were not genuinely living together as husband and wife; therefore there was no basis to challenge the decision and the application for leave must be dismissed.
11 Jul 1995

Re SUN YEUNG BIN，EX PARTE

Citation

Re SUN YEUNG BIN，EX PARTE
Court

Court of First Instance
Case number

HCMP899/1995

Application for certiorari was refused: under existing authority the Director was not required to give reasons for refusing the change of status and, on the material before the court (forensic opinion and consular enquiries indicating the arrival chop was forged and the passport not issued to the applicant), the Director would inevitably reach the same decision on reconsideration; accordingly relief would be futile and is denied, with costs ordered against the applicant.

Hong Kong Case Law

MALIK AZMAT SHERAZI v. THE DIRECTOR OF IMMIGRATION

GAM BAHADUR GURUNG v. THE DIRECTOR OF IMMIGRATION

RESHMA SHRESTHA v. THE DIRECTOR OF IMMIGRATION

Re SUN YEUNG BIN，EX PARTE