Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Rescission and suspension

Legal area

Court

16 Jul 2021

RIAZ HUSSAIN AND ANOTHER v. PERMANENT SECRETARY FOR SECURITY

Citation

[2021] HKCA 1017
Court

Court of Appeal
Case number

CAMP235/2020

The application for leave to appeal out of time is dismissed because the delay was substantial and the intended appeal had no real prospect of success: the contested considerations (seriousness relative to other cases and alleged rehabilitation evidenced by visa renewal) are not mandatory under the Immigration Ordinance, the Secretary lawfully exercised broad discretion guided by public policy, the decision was not Wednesbury unreasonable, and a dependant visa renewal does not prevent a deportation order from invalidating permission to remain under s.20(7).
15 May 2017

TOURAY EDRISA v. PERMANENT SECRETARY FOR SECURTIY

Citation

TOURAY EDRISA v. PERMANENT SECRETARY FOR SECURTIY
Court

Court of First Instance
Case number

HCAL91/2016

The court held that the immigration reservation and established authorities preclude invocation of BL 37/HKBOR family rights to override immigration control for persons without right to enter or remain; the Permanent Secretary lawfully considered and balanced relevant factors as evidenced in internal minutes, did not act unfairly or fetter his discretion, and the Decision refusing rescission or suspension of the deportation order was not Wednesbury unreasonable; accordingly the leave application and extension of time were refused.