Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Immigration tribunal appeals

Legal area

Court

13 Apr 1987

RE TSE CHUK FUK

Citation

RE TSE CHUK FUK
Court

Court of First Instance
Case number

HCMP537/1987

The Tribunal's failure to state the facts as it found them when dismissing the appeal under s.53D amounted to procedural impropriety warranting relief; the decision on the evidence was not shown to be irrational, but procedural defect required quashing/remittal so the Tribunal can rehear and state the facts as found.
9 May 1985

RE WONG SHU HUNG

Citation

RE WONG SHU HUNG
Court

Court of First Instance
Case number

HCMP228/1985

Although the written notice of appeal could be liberally construed to raise an argument of implied permission, implied permission requires evidence of an intention by the Director to permit stay; where the immigration authorities were actively investigating under section 4(1)(a) and the material did not reasonably support an inference of such intention, the Tribunal correctly found the ground not reasonably arguable and was entitled to dismiss without a hearing.