29 Nov 1990
R. v. DIRECTOR OF IMMIGRATION AND ANOTHER
- Citation
- R. v. DIRECTOR OF IMMIGRATION AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCMP931/1990
The immigration officer's decision was quashed because a material and decisive error (the mistaken finding that the applicant had state employment) combined with procedural unfairness (failure to read back contemporaneous notes) created a real risk of injustice and rendered the decision unreasonable; the Review Board's decision was a nullity because it relied on that same erroneous fact and failed to take into account matters it was required to consider, so the statutory ouster clause did not bar judicial review; however, the Director's detention order under s.13D(1) was lawful because it fol…