24 Aug 2018
The applicant failed to identify any question of great general or public importance as required by s22(1)(b) and merely repeated grounds already considered and rejected in the Main Judgment; consequently leave to appeal to the Court of Final Appeal is refused and costs awarded to the respondent.
9 Dec 2008
Art 4 must be construed as referring to the parents nationality at the time of the child s birth; a parent s subsequent naturalisation does not automatically confer Chinese nationality on a child born non-Chinese; the NPCSC Explanations do not operate to permit automatic conferral or general dual nationality in such circumstances; applicant therefore is not a Chinese national and may only seek naturalisation under Arts 7 and 8.
30 Nov 1994
The Director properly considered relevant and probative Immigration Department records showing use of a PRC passport and entries inconsistent with the applicant's claimed continuous residence in Sierra Leone; those records legitimately undermined the applicant's documents and credibility, and the decision to refuse residence as contrary to the two‑year outside‑China requirement was reasonable and not Wednesbury unreasonable.
11 Sept 1992
Applicants failed to prove they were stateless as defined by the Convention because they did not establish loss of Chinese nationality under PRC law; accordingly the Director was not required to apply the Convention and his decision to refuse change of status and require departure was not Wednesbury-unreasonable; motions dismissed.
11 Sept 1992
The applicants failed to prove on the evidence that they had relinquished Chinese nationality in accordance with PRC law and therefore had not established that they were stateless; accordingly the Director was not obliged to apply the Convention protections and his decision to require them to leave was not Wednesbury unreasonable, so the motions were dismissed.