Hong Kong Case Law: Decisions & Judgments

Topic

Unconditional stay policy

Legal area

Court

13 Feb 2007

LAM KHIET PHUNG v. DIRECTOR OF IMMIGRATION

Citation

LAM KHIET PHUNG v. DIRECTOR OF IMMIGRATION
Court

Court of Appeal
Case number

CACV197/2006

The Director lawfully refused the extension of stay because the applicant's previously granted dependant status ended with the dissolution of her marriage; there was no legal duty to notify the applicant of internal 'unconditional stay' policy or of unexpressed doubts about the genuineness of the marriage, and any omission to do so caused no prejudice; the appeal is dismissed.
24 Jan 2006

LAM KHIET PHUNG v. DIRECTOR OF IMMIGRATION

Citation

LAM KHIET PHUNG v. DIRECTOR OF IMMIGRATION
Court

Court of First Instance
Case number

HCAL9/2004

Applicant's marriage had terminated and she ceased to be dependent before accruing any entitlement to unconditional stay; Director lawfully exercised his wide discretion based on evidence (doubts about genuineness of marriage, applicant's Vietnamese family links, sponsor ineligibility) and any failure to inform or to state all adverse reasons did not cause real prejudice and did not render the decision unlawful.
29 Dec 2005

TATIANA CHINKO v. DIRECTOR OF IMMIGRATION

Citation

TATIANA CHINKO v. DIRECTOR OF IMMIGRATION
Court

Court of First Instance
Case number

HCAL45/2005

Because the applicant lacked a viable sponsor at the relevant times (including on 23 June 2003 and December 2003), she could not meet the prerequisite for unconditional stay under the old policy; the June 2003 rejection was valid meaning the December decision related to a later application, the proposed late amendment was out of time, bound to fail and therefore refused, and the judicial review dismissed.

Hong Kong Case Law

LAM KHIET PHUNG v. DIRECTOR OF IMMIGRATION

LAM KHIET PHUNG v. DIRECTOR OF IMMIGRATION

TATIANA CHINKO v. DIRECTOR OF IMMIGRATION