Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Country condition evidence

Legal area

Court

20 Apr 2000

TRAN THANG LAM AND OTHERS v. THE DIRECTOR OF IMMIGRATION

Citation

TRAN THANG LAM AND OTHERS v. THE DIRECTOR OF IMMIGRATION
Court

Court of First Instance
Case number

HCAL80/1997

Applying established tests for bias and for sufficiency of evidence the court found no real danger of bias or unlawful predetermination by Mr Choy; the decision‑maker legitimately relied on Mainland verification, UNHCR and country‑condition material and had probative evidence to conclude applicants had received durable solutions on the Mainland; therefore removal orders and detention decisions were lawfully made and the judicial review failed.
13 Dec 1990

NGUYEN HO AND OTHERS v. DIRECTOR OF IMMIGRATION AND ANOTHER

Citation

NGUYEN HO AND OTHERS v. DIRECTOR OF IMMIGRATION AND ANOTHER
Court

Court of Appeal
Case number

CACV185/1990

The Court upheld the trial judge's exercise of discretion to exclude general country‑condition evidence de bene esse because such evidence did not demonstrate a plainly established material error of fact known to or binding on the decision‑makers, and Wednesbury unreasonableness must be judged by reference to what was known to the decision‑maker at the time; admission of broad post‑decision country evidence would improperly permit retrying merits and impose an unmanageable burden on authorities.