13 Nov 2024
The Applicant was found to be the claimant whose leave application had been finally determined (HCAL 1131/2017), the Court lacked jurisdiction to reopen that concluded leave application or to order release or preferential medical treatment, and accordingly no order was made.
20 Sept 2022
Leave to apply for judicial review was refused because the Board’s Decision involved no error of law, procedural unfairness or irrationality; the Board’s adverse credibility findings were supported by COI and were within its fact-finding province, so the proposed judicial review had no realistic prospect of success.
6 Jan 2011
The court held that (1) rights claimed under the Hong Kong Bill of Rights/ICCPR and ICESCR article 6 could not be enforced by these non-resident protected persons because of the immigration reservation (section 11) and the ICESCR article 6 reservation as applied by Basic Law article 39(1); (2) the Director's overall policy of generally prohibiting employment for mandated refugees and screened-in torture claimants while retaining case-by-case discretionary exceptions was not irrational given Hong Kong's immigration context and pull-factor concerns; but (3) the Director failed to apply his disc…