23 Mar 2018
RMA AND ANOTHER v. DIRECTOR OF IMMIGRATION
- Citation
- [2018] HKCFI 666
- Court
- Court of First Instance
- Case number
- HCAL131/2014
The court upheld the Director's decisions. The Director had lawfully applied the departmental policy and exercised residual discretion; he had taken into account the applicants' family circumstances and humanitarian representations and there was no procedural unfairness or Wednesbury‑level irrationality established. The applicants failed to show a legal duty to prioritise Basic Law or Bill of Rights interests that would override the statutory immigration discretion, and non‑refoulement claims were being processed through the appropriate specialist mechanism.