Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Reliance on unhcr findings
  • 20 Sept 2001

    SAKTHEVEL PRABAKAR v. SECRETARY FOR SECURITY

    Citation
    SAKTHEVEL PRABAKAR v. SECRETARY FOR SECURITY
    Court
    Court of First Instance
    Case number
    HCAL2078/2000

    The court dismissed the application because the Secretary's factual finding — that the forged passport was intended to deceive employers rather than solely to facilitate flight — was not irrational; the Secretary lawfully relied on UNHCR as an expert body and was not required to duplicate UNHCR's investigation; the applicant had opportunity to make representations and there was no unfair non‑disclosure of persuasive unknown material; accordingly the deportation decision and the later refusal to rescind it were lawful (though execution was stayed pending resettlement).