5 May 2009
UBAMAKA EDWARD WILSON v. SECRETARY FOR SECURITY AND ANOTHER
- Citation
- UBAMAKA EDWARD WILSON v. SECRETARY FOR SECURITY AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCAL77/2008
The Deportation Order was quashed because, on the practical facts, there was a real risk that deportation to Nigeria would expose the applicant to double jeopardy and the attendant prospect of further prosecution and imprisonment would amount to cruel, inhuman or degrading treatment contrary to HKBORO Art.3, ICCPR Art.7 and CAT Art.16(1); delay in bringing judicial review was extended in the exercise of discretion given the seriousness of consequences; the applicant's administrative detention between 27 December 2007 and 23 August 2008 was unlawful because the Director's reasons were inadequa…