7 Nov 2002
LI FU SHAN v. THE DIRECTOR OF IMMIGRATION AND ANOTHER
- Citation
- LI FU SHAN v. THE DIRECTOR OF IMMIGRATION AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCAL813/2001
The Tribunal gave adequate outline reasons based on probative material (including Mainland Bureau letters and the applicant's interview), the appropriate burden in the hearing was identified as resting on the Director to prove unlawfulness and the standard was the civil balance of probabilities; the misrepresentations were material to vitiate the One Way Permit under the scheme administered by the Mainland authority; accordingly the judicial review challenge failed and the decision dismissing the appeal was lawful.