Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Humanitarian and compassionate discretion

Legal area

Court

2 Dec 2025

SO TSZ MAN, A MINOR, BY HIS NEXT FRIEND AND MOTHER, NURHAYATI v. DIRECTOR OF IMMIGRATION

Citation

[2025] HKCFI 5815
Court

Court of First Instance
Case number

HCAL2549/2024

The Director’s refusal was not Wednesbury unreasonable: the Memorandum and Decision show the Director considered the humanitarian and other material representations, reasonably concluded that exceptional grounds were not made out, and did not err in law in the treatment of Article 3 or common law arguments because the Applicant is a Hong Kong permanent resident who could remain in Hong Kong and any hardship from relocation to Indonesia would result from a voluntary choice rather than state action; accordingly both grounds of review fail and the application is dismissed.
26 Jun 2017

ISLAM RAJA RAIS v. DIRECTOR OF IMMIGRATION

Citation

ISLAM RAJA RAIS v. DIRECTOR OF IMMIGRATION
Court

Court of First Instance
Case number

HCMP881/2017

The summons for extension of time was dismissed because the short delay was attributable to the applicant's failure to provide a proper address and, more critically, the intended appeal lacked merit as the Director's refusal to exercise residual discretion on humanitarian grounds was within a reasonable range of outcomes; accordingly no extension of time was warranted.