Hong Kong Case Law: Decisions & Judgments

Topic

Suspension/rescission of deportation order

Legal area

Court

6 Jan 2023

KAMRAN JAVID (also known as AHMED KAMRAN) v. PERMANENT SECRETARY FOR SECURITY

Citation

[2023] HKCA 30
Court

Court of Appeal
Case number

CACV144/2021

The Court dismissed the appeal: the Permanent Secretary lawfully exercised her wide discretion under s.20(1) of the Immigration Ordinance, adequately set out reasons in internal minutes (M1 and M13) such that the applicant suffered no material prejudice, and reasonably treated the applicant's second marriage as a relevant major change of circumstances; there was no arguable Wednesbury irrationality or failure to take into account relevant considerations.
3 Aug 2022

MOHAMMAD FAROOQ v. PERMANENT SECRETARY FOR SECURITY AND ANOTHER

Citation

[2022] HKCFI 2383
Court

Court of First Instance
Case number

HCAL374/2022

Leave to apply for judicial review is refused because the application was brought with substantial unexplained delay and the substantive challenge is without sufficient merit: no public law duty to publish policy, deportation prima facie for life absent special circumstances, family rights do not establish a right to remain in immigration law, and the PS for S took relevant factors into account so the Decision was not Wednesbury unreasonable.
23 Mar 2021

KAMRAN JAVID (also known as AHMED KAMRAN) v. PERMANENT SECRETARY FOR SECURITY

Citation

[2021] HKCFI 748
Court

Court of First Instance
Case number

HCAL2152/2020

Leave to apply for certiorari was refused because the applicant failed to demonstrate a reasonably arguable case: the 3/8/2020 decision letter, when read with disclosed internal minutes M.13 and M.1, provided adequate reasons and the Permanent Secretary's decision to refuse suspension/rescission of the deportation order was not Wednesbury unreasonable given he considered relevant factors including the applicant's family situation and second marriage but found insufficient justification to suspend the deportation order.
10 Oct 2014

SAFDER TEHSEEN v. PERMANENT SECRETARY FOR SECURITY AND ANOTHER

Citation

SAFDER TEHSEEN v. PERMANENT SECRETARY FOR SECURITY AND ANOTHER
Court

Court of Final Appeal
Case number

FAMV31/2014

The application for leave to appeal was dismissed because the proposed appeal did not raise any question of great general or public importance and there was no reasonably arguable 'or otherwise' ground: contemporaneous minute M4, exhibited to the affirmation and endorsed by the Secretary, sufficiently demonstrated that humanitarian and family considerations were before the Secretary so the balancing exercise was self‑evident and the absence of direct affirmation evidence from the Secretary did not make the applicant's case reasonably arguable; additionally, introducing new substantive questio…

Hong Kong Case Law

KAMRAN JAVID (also known as AHMED KAMRAN) v. PERMANENT SECRETARY FOR SECURITY

MOHAMMAD FAROOQ v. PERMANENT SECRETARY FOR SECURITY AND ANOTHER

KAMRAN JAVID (also known as AHMED KAMRAN) v. PERMANENT SECRETARY FOR SECURITY

SAFDER TEHSEEN v. PERMANENT SECRETARY FOR SECURITY AND ANOTHER