Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Permanent residency verification

  • 25 Mar 2010

    ASIF ALI v. DIRECTOR OF IMMIGRATION AND ANOTHER

    Citation
    ASIF ALI v. DIRECTOR OF IMMIGRATION AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCAL75/2009

    Subject to the de minimis principle, a period of detention pending trial which results in conviction and a sentence of imprisonment is a period of 'detention pursuant to the order of any court' within s.2(4)(b) Immigration Ordinance and must be excluded from the seven years' ordinary residence; the 14 February 2006 letter did not amount to a verification application although the Director breached a duty to give more helpful guidance, the applicant failed to prove causation or real prejudice, therefore judicial review is dismissed and the deportation order stands.

  • 5 Dec 2008

    NASEER AHMED v. THE DIRECTOR OF IMMIGRATION AND ANOTHER

    Citation
    NASEER AHMED v. THE DIRECTOR OF IMMIGRATION AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCAL76/2008

    The Director of Immigration had no legal duty to inform or advise an applicant for an extension of stay to apply for verification of permanent resident status because an extension application does not constitute a claim to right of abode; Somporn Yoothip is distinguishable as it dealt with a registration officer under the Registration of Persons regime who was obliged to issue or determine the correct type of identity card upon an ROP1 claim and therefore to refer for verification. Accordingly the refusal of the 1999 extension, the removal order and the dismissal of the appeal were lawful and…