15 Apr 2013
ABAYOMI BAMIDELE FAYOMI v. SECRETARY FOR SECURITY AND ANOTHER
- Citation
- ABAYOMI BAMIDELE FAYOMI v. SECRETARY FOR SECURITY AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV6/2010
The Court of Appeal held that the judge below erred in imposing a blanket duty to treat every ROP1 as a verification application for non-Chinese nationals; however the judge’s factual finding of no prejudice was unsafe because the issue was not properly canvassed at the hearing and the applicant was deprived of a fair opportunity to address the inferences drawn; the appeal was allowed, leave to amend granted and the question of prejudice (and if necessary delay) was remitted to the Court of First Instance for fresh determination by a different judge.