Hong Kong Case Law: Decisions & Judgments

Topic

Delay and adjournment

Legal area

Court

21 May 2018

RAZA AHMED v. DIRECTOR OF IMMIGRATION AND ANOTHER [Decision on Leave Application]

Citation

[2018] HKCFI 1067
Court

Court of First Instance
Case number

HCAL796/2017

The court held that the Director and the Adjudicator conducted a proper and lawful assessment, found reasonable internal relocation within Pakistan (Hyderabad) and absence of state instigation/acquiescence or real risk warranting non-refoulement protection; their decisions were not Wednesbury unreasonable and there was no procedural unfairness, therefore leave for judicial review was refused.
16 Mar 2015

HKSAR v. VU THANG DUONG

Citation

HKSAR v. VU THANG DUONG
Court

Court of First Instance
Case number

HCMP249/2015

Bail was granted because, on the facts, the applicants had been held in remand for an unreasonable and inordinate period relative to the non-violent nature of the charges and the status of the criminal proceedings; the applicants demonstrated the ability to comply with appropriate conditions (residential address, reporting, surrender of travel documents), and those factors outweighed the risks relied on by prosecution. The court held it may take into account the merits of a non-refoulement claim if the nature of the claim is ascertainable, but need not do so where delay and remand length just…
13 Jan 2014

RE NEIL GARNHAM QC

Citation

RE NEIL GARNHAM QC
Court

Court of First Instance
Case number

HCMP3364/2013

Admission of the overseas counsel was refused because the inquiry was not shown to be of unusual difficulty justifying overseas counsel, genuine and reasonable efforts to locate available local counsel were limited, the application was unacceptably late with delay substantially of the applicants' own making, and viable alternatives (such as seeking adjournment or available local senior counsel) existed; on balance the court exercised its discretion against admission.

Hong Kong Case Law

RAZA AHMED v. DIRECTOR OF IMMIGRATION AND ANOTHER [Decision on Leave Application]

HKSAR v. VU THANG DUONG

RE NEIL GARNHAM QC