Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Extension of stay pending objection

Legal area

Court

5 May 2000

PHAM THI NGA v. THE DIRECTOR OF IMMIGRATION

Citation

PHAM THI NGA v. THE DIRECTOR OF IMMIGRATION
Court

Court of First Instance
Case number

HCAL169/2000

Leave to apply for judicial review was granted because there was an arguable case that the Director may have misdirected himself or not adequately considered evidence concerning cancellation of household registration in Vietnam and the applicants' consequent inability to return, whereas the other grounds lacked arguable merit.
14 Feb 2000

LE THI TO UYEN v. THE DIRECTOR OF IMMIGRATION

Citation

LE THI TO UYEN v. THE DIRECTOR OF IMMIGRATION
Court

Court of First Instance
Case number

HCAL141/1999

Leave to apply for judicial review was refused because the Director was entitled under law to refuse the extension; section 53(7) removes any right to remain pending an objection; the applicant did not demonstrate illegality, irrationality or procedural impropriety nor a legitimate expectation; and material not communicated to the Director at the time cannot be relied on to attack his October 1999 decision.