Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Dependent visa applications

Legal area

Court

13 Jul 2010

CHONG SHUE WENG DEREK AND ANOTHER v. HKSAR

Citation

CHONG SHUE WENG DEREK AND ANOTHER v. HKSAR
Court

Court of Final Appeal
Case number

FAMC42/2010

The application for leave to appeal was refused because the marriage was legally valid for the purposes of the charge, the conspiracy to defraud properly covered the false representations made to the Immigration Department to obtain a dependent visa, there was no material gap in evidence about the Department's duty, and the applicants failed to show a point of law or substantial and grave injustice under s.32(2).
15 Jun 2010

HKSAR v. CHONG SHUE WENG, DEREK AND ANOTHER

Citation

HKSAR v. CHONG SHUE WENG, DEREK AND ANOTHER
Court

Court of First Instance
Case number

HCMA235/2009

The court refused certification because the questions posed did not raise points of law of great and general public importance; the complaints about particulars and absence of evidence were evidential and fact-specific, the appellants' application to the Immigration Department was predicated on a marriage that was a shell and the relevant representations in documents were false and material to the immigration officer's duty to decide on the application, and therefore the convictions and the factual findings disposed the legal questions raised.