Hong Kong Case Law: Decisions & Judgments

Topic

Family rights in immigration context

Legal area

Court

16 Apr 2025

JUTHE CHHETRI v. PERMANENT SECRETARY FOR SECURITY

Citation

[2025] HKCFI 1568
Court

Court of First Instance
Case number

HCAL612/2025

The application for leave was dismissed because the applicant failed to identify any arguable public law error: adequate reasons for the refusal were contained in internal minute M.1 provided to the applicant, the PS for S lawfully considered family and humanitarian factors and legitimately concluded they did not justify suspension or rescission of the lifelong deportation order, and any further challenge would amount to a merits review rather than a public law critique.
4 Aug 2023

MOHAMMAD FAROOQ v. PERMANENT SECRETARY FOR SECURITY AND ANOTHER

Citation

[2023] HKCA 898
Court

Court of Appeal
Case number

CAMP112/2023

Extension of time to appeal was refused because the applicant demonstrated a substantial unexplained delay and there was no prospect of success: the intended grounds lacked merit as the deportation under s20(1)(a) was properly made, s11 BOR did not operate to prevent the Decision, no mandatory consideration was omitted and the Decision was not Wednesbury unreasonable; thus granting extension would be futile.
31 Jul 2023

KAMRAN JAVID v. PERMANENT SECRETARY FOR SECURITY

Citation

[2023] HKCFI 1944
Court

Court of First Instance
Case number

HCAL592/2023

The PS for S had properly taken humanitarian and family considerations into account; the passage of time and intervening events justified a different exercise of discretion and no Wednesbury unreasonableness was shown; ss.54 and 55 provide powers of suspension and rescission (not a statutory power to shorten an already-made life deportation order) and the 2nd Decision, read in context, declined the applicant's request to shorten the order. Accordingly leave was refused for Grounds 1 and 2; leave was granted for Ground 3 but the substantive claim on Ground 3 was dismissed as futile and the dec…
3 Aug 2022

MOHAMMAD FAROOQ v. PERMANENT SECRETARY FOR SECURITY AND ANOTHER

Citation

[2022] HKCFI 2383
Court

Court of First Instance
Case number

HCAL374/2022

Leave to apply for judicial review is refused because the application was brought with substantial unexplained delay and the substantive challenge is without sufficient merit: no public law duty to publish policy, deportation prima facie for life absent special circumstances, family rights do not establish a right to remain in immigration law, and the PS for S took relevant factors into account so the Decision was not Wednesbury unreasonable.

Hong Kong Case Law

JUTHE CHHETRI v. PERMANENT SECRETARY FOR SECURITY

MOHAMMAD FAROOQ v. PERMANENT SECRETARY FOR SECURITY AND ANOTHER

KAMRAN JAVID v. PERMANENT SECRETARY FOR SECURITY

MOHAMMAD FAROOQ v. PERMANENT SECRETARY FOR SECURITY AND ANOTHER