Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Reasonableness/irrationality review

Legal area

Court

8 Nov 2024

SUKHPAL SINGH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2024] HKCA 1043
Court

Court of Appeal
Case number

CACV23/2024

The judge correctly refused leave because the Board lawfully exercised its discretion under s.37ZT(2) to reject the late appeal after considering the applicant's explanation, the Director and Board gave sufficient reasons, the applicant failed to provide evidence to rebut the Director's factual findings on risk, and there was no realistic prospect of success in judicial review.
5 Dec 2000

SHUM NGAI WOH v. DIRECTOR OF IMMIGRATION AND ANOTHER

Citation

SHUM NGAI WOH v. DIRECTOR OF IMMIGRATION AND ANOTHER
Court

Court of First Instance
Case number

HCAL2603/2000

On the material before the Director (false declared address, residence in a villa, presence of lubricant and condoms, alleged admission and refusal to answer), the Director acted rationally and in good faith; administrative decision-making does not require criminal proof and the applicant failed the arguable‑case test for leave; therefore leave to apply for judicial review is refused.