11 Feb 2003
PREM SINGH v. DIRECTOR OF IMMIGRATION
- Citation
- PREM SINGH v. DIRECTOR OF IMMIGRATION
- Court
- Court of Final Appeal
- Case number
- FACV7/2002
The Court held that Schedule 1 para 3(1)(c) read with para 1(5)(b) unlawfully adds a requirement that applicants be free of any limit of stay before claiming permanent resident status under Basic Law Art 24(2)(4); the 24 October 1998 interaction and application is to be treated as the operative application for verification; the Director's impugned decisions are quashed and the Director must reconsider the appellant's application as made on 24 October 1998. The Court endorsed that de minimis arguments may be available in principle but remitted merits and discretionary matters to the Director.