Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Family status discrimination ordinance

Legal area

Court

21 Sept 2018

NOWODZELSKI, STACEY ALAN v. DIRECTOR OF IMMIGRATION & ASSISTANT DIRECTOR OF IMMIGRATION

Citation

[2018] HKCA 618
Court

Court of Appeal
Case number

CACV286/2017

The appeal is dismissed because the issues central to the plaintiff's civil claims had been finally determined against him in prior judicial review proceedings and are therefore barred by issue estoppel and/or amount to an abuse of process; the Removal Order was lawfully made under section 19(1)(b)(ii) Cap 115 and no exceptional circumstances exist to permit relitigation.
4 Jun 2018

NOWODZELSKI, STACEY ALAN v. DIRECTOR OF IMMIGRATION

Citation

[2018] HKCA 295
Court

Court of Appeal
Case number

CACV187/2017

The Director lawfully made the Removal Order because the applicant had no legal right to remain in Hong Kong after expiry of his limit of stay and thus contravened a condition of stay for purposes of s19(1)(b)(ii) irrespective of the criminal acquittal; the applicant was not a permanent resident because his VEPIC application was not approved; international treaty obligations relied on were not domesticated and did not confer enforceable rights; the discrimination complaint did not establish unlawful discrimination.