Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Convention against torture screening

Legal area

Court

25 Jul 2012

SAFDER TEHSEEN v. PERMANET SECRETARY FOR SECURITY AND ANOTHER

Citation

SAFDER TEHSEEN v. PERMANET SECRETARY FOR SECURITY AND ANOTHER
Court

Court of First Instance
Case number

HCAL75/2012

The court found no demonstrably arguable case because the CAT screening and the deportation decisions reasonably assessed the threats, credibility concerns undermined the applicant's account, and there was a realistic prospect of state protection or relocation in Pakistan; given the immigration reservation and binding authorities on family reunion claims, the deportation order and detention pending deportation were lawful.
19 May 2006

V v. DIRECTOR OF IMMIGRATION

Citation

V v. DIRECTOR OF IMMIGRATION
Court

Court of Appeal
Case number

CACV9/2006

The Director had lawful grounds under s36(1)(b) to require the applicant to enter into a recognizance because the applicant was liable to be detained pending consideration of a removal order; the 49‑day statutory maximum for detention under s32(2A) does not cap the duration or availability of recognizances under s36(1); conditions that are impermissible in the prescribed form are void and of no effect but are severable and do not invalidate the entire recognizance or the decision to require it.