Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Foreign domestic helper

Legal area

Court

21 Jun 2022

TAMANG MANISHA v. DIRECTOR OF IMMIGRATION

Citation

[2022] HKCA 867
Court

Court of Appeal
Case number

CACV480/2021

The Director lawfully refused to renew the applicant's FDH visa because the applicant's theft conviction breached the Guidebook requirement of a clear criminal record and the Director lawfully exercised his discretion after considering the representations; there was no unfairness or Wednesbury‑level unreasonableness warranting the court's intervention.
8 Mar 2021

TAMANG MINITA v. DIRECTOR OF IMMIGRATION

Citation

[2021] HKCFI 502
Court

Court of First Instance
Case number

HCAL2348/2020

The Director lawfully refused the foreign domestic helper visa because the Applicant's conviction for theft constituted a known adverse record and meant she did not meet the normal immigration requirements; these were discretionary assessments within the Director's remit and not susceptible to judicial intervention absent illegality, Wednesbury unreasonableness, or procedural impropriety, none of which were shown.