Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Mandatory considerations

Legal area

Court

4 Aug 2023

MOHAMMAD FAROOQ v. PERMANENT SECRETARY FOR SECURITY AND ANOTHER

Citation

[2023] HKCA 898
Court

Court of Appeal
Case number

CAMP112/2023

Extension of time to appeal was refused because the applicant demonstrated a substantial unexplained delay and there was no prospect of success: the intended grounds lacked merit as the deportation under s20(1)(a) was properly made, s11 BOR did not operate to prevent the Decision, no mandatory consideration was omitted and the Decision was not Wednesbury unreasonable; thus granting extension would be futile.
16 Jul 2021

RIAZ HUSSAIN AND ANOTHER v. PERMANENT SECRETARY FOR SECURITY

Citation

[2021] HKCA 1017
Court

Court of Appeal
Case number

CAMP235/2020

The application for leave to appeal out of time is dismissed because the delay was substantial and the intended appeal had no real prospect of success: the contested considerations (seriousness relative to other cases and alleged rehabilitation evidenced by visa renewal) are not mandatory under the Immigration Ordinance, the Secretary lawfully exercised broad discretion guided by public policy, the decision was not Wednesbury unreasonable, and a dependant visa renewal does not prevent a deportation order from invalidating permission to remain under s.20(7).