Hong Kong Case Law: Decisions & Judgments

Topic

Dependant policy

Legal area

Court

27 Jan 2021

GURUNG BIKASH KUMAR v. DIRECTOR OF IMMIGRATION AND ANOTHER

Citation

[2021] HKCFI 171
Court

Court of First Instance
Case number

HCAL1042/2017

The application for leave to apply for judicial review is dismissed because the Director lawfully exercised his wide discretion under the Dependant Policy in refusing an extension of stay where the applicant lacked an eligible sponsor and there were no extenuating grounds; the Chief Executive in Council lawfully confirmed that decision under s 53 and the absence of further reasons caused no material prejudice; allegations of irrationality, fettering, procedural unfairness, bias or discrimination were unsupported and the challenge did not meet the high threshold required.
9 Aug 2016

CCO AND ANOTHER v. DIRECTOR OF IMMIGRATION

Citation

CCO AND ANOTHER v. DIRECTOR OF IMMIGRATION
Court

Court of First Instance
Case number

HCAL100/2014

On construction the NRD Requirement is an eligibility criterion under the Dependant Policy as held by the Court of Appeal; the Director did not misapply the policy, nor unlawfully fetter discretion, nor act irrationally or unfairly in the impugned decisions; internal guidelines need not be published and did not render the requirement void for vagueness; substantial unexplained delay warranted refusal of relief and set aside of ex parte leave in MN and CCO.
2 May 2013

COMILANG MILAGROS TECSON, also known as COMILANG MILAGROS T. AND ANOTHER v. COMMISSIONER OF REGISTRATION AND OTHERS

Citation

COMILANG MILAGROS TECSON, also known as COMILANG MILAGROS T. AND ANOTHER v. COMMISSIONER OF REGISTRATION AND OTHERS
Court

Court of Appeal
Case number

CACV183/2012

The Director's decision dated 17 March 2010 was vitiated by a fundamental misconstruction of the 9 June 2009 application — treating the mother as seeking to remain as her daughter's dependant under the Dependant Policy — and because the decision-making materials (affidavit) made clear the application was misunderstood, the decision was unlawful and must be quashed and remitted for fresh consideration on the true basis of the application.
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.

Hong Kong Case Law

GURUNG BIKASH KUMAR v. DIRECTOR OF IMMIGRATION AND ANOTHER

CCO AND ANOTHER v. DIRECTOR OF IMMIGRATION

COMILANG MILAGROS TECSON, also known as COMILANG MILAGROS T. AND ANOTHER v. COMMISSIONER OF REGISTRATION AND OTHERS

LAM KHIET PHUNG v. DIRECTOR OF IMMIGRATION