Hong Kong Case Law: Decisions & Judgments

Topic

Suspension of deportation

Legal area

Court

14 Aug 2023

SHABIR SOHAIL v. PERMANENT SECRETARY FOR SECURITY AND ANOTHER

Citation

[2023] HKCA 952
Court

Court of Appeal
Case number

CAMP166/2023

The application for extension of time to appeal was refused because the applicant failed to identify any reasonably arguable grounds of public law challenge (a mandatory requirement), the Deportation Order was authorized by statute and no procedural unfairness or irrationality was shown, and the intended appeal had no real prospect of success, making extension futile.
28 Apr 2023

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

Citation

[2023] HKCA 612
Court

Court of Appeal
Case number

CACV144/2021

The appeal is dismissed; costs follow the event and the costs order nisi is made absolute but reduced to a reasonable sum where duplication of fee earners was unjustified; costs were summarily assessed at HKD 61,000; the Notice of Motion for leave to appeal to the Court of Final Appeal is dismissed because the proposed grounds lack merit, prospect of success and do not raise issues of great general or public importance; the decision not to suspend the Deportation Order was within the decision maker's broad discretion and not Wednesbury unreasonable.
20 Jan 2023

SHABIR SOHAIL v. PERMANENT SECRETARY FOR SECURITY AND ANOTHER

Citation

[2023] HKCFI 225
Court

Court of First Instance
Case number

HCAL1374/2022

The application for leave to apply for judicial review is dismissed because the Deportation Order was lawfully authorised by section 20(1) of the Immigration Ordinance, the applicant disclosed no reasonably arguable public law ground (no procedural unfairness or established irrationality), the Form 86 failed to identify grounds and the challenge to the Deportation Order was out of time, and therefore leave is refused.
8 Dec 2021

JAVID KAMRAN v. COMMISSIONER OF REGISTRATION AND ANOTHER

Citation

[2021] HKCA 1830
Court

Court of Appeal
Case number

CACV131/2021

The appeal is dismissed because the applicant failed to satisfy the 7‑year ordinary residence requirement: the deportation order remained in force until suspended on 23 February 2012 so the Detention and Waiting Periods could not be counted; the Tribunal lacked jurisdiction to entertain challenges to the validity or delays in executive decisions concerning the deportation order; there was no convincing evidence of unlawful delay sufficient to undermine the Tribunal's and Judge's factual findings.

Hong Kong Case Law

SHABIR SOHAIL v. PERMANENT SECRETARY FOR SECURITY AND ANOTHER

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

SHABIR SOHAIL v. PERMANENT SECRETARY FOR SECURITY AND ANOTHER

JAVID KAMRAN v. COMMISSIONER OF REGISTRATION AND ANOTHER