8 Mar 2016
BH v. DIRECTOR OF IMMIGRATION
- Citation
- BH v. DIRECTOR OF IMMIGRATION
- Court
- Court of Appeal
- Case number
- CACV134/2015
On proper construction of the Guidebook the No Record Requirement in Paragraph 5(b) is an essential eligibility criterion which must be satisfied before an applicant falls within the Dependant Policy; the Director is not under a general public law duty to consider family circumstances though he may do so as discretionary/humanitarian considerations; the Court reversed the High Court findings on construction and upheld the Director's approach on the merits, and set aside the ex parte leave in the leave-delay appeal in light of lack of substantive merit and unsatisfactory explanation for delay.