2 Mar 2009
WASEEM ABBAS AND OTHERS v. SECRETARY FOR JUSTICE
- Citation
- WASEEM ABBAS AND OTHERS v. SECRETARY FOR JUSTICE
- Court
- Court of First Instance
- Case number
- HCAL8/2009
The court held the prosecutions were outside the published prosecution Policy but that alone did not constitute an abuse of process warranting a stay; however a recognizance given under s.36 of the Immigration Ordinance, in the factual context where the Director made a conscious decision to permit claimants to remain pending determination of asylum/torture claims, constitutes authority to remain for the purposes of s.38(1)(b) and therefore provides an arguable defence; consequent decisions of the magistrate were quashed and the matters remitted for reconsideration in accordance with these fin…