13 Dec 2002
LAU FONG v. THE DIRECTOR OF IMMIGRATION
- Citation
- LAU FONG v. THE DIRECTOR OF IMMIGRATION
- Court
- Court of Appeal
- Case number
- CACV287/2000
Appeal allowed: following the Court of Final Appeal in Gurung the court held s11(10) does not operate to deprive a non-permanent resident of an existing permission to stay when exercising the right to travel; the Director could not treat the applicant as having lost her status or detain and remove her under the impugned powers without first using the statutory procedures (eg s11(6) or s19) which afford a means of challenge, therefore the refusal to land, the detention authorisation and the removal decision were unlawful and must be set aside.