Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Rescission of deportation

Legal area

Court

30 Mar 2021

PVQ AND OTHERS v. PERMANENT SECRETARY FOR SECURITY

Citation

[2021] HKCA 444
Court

Court of Appeal
Case number

CACV292/2017

The appeal was dismissed: the Permanent Secretary was not under a legally recognisable duty to give reasons for refusing to rescind a deportation order in the immigration context; in any event the internal minutes and affidavits supplied (M7) constituted the reasons; the Decision was not Wednesbury irrational and properly considered relevant matters; family and CRC interests do not impose a requirement of primacy in Hong Kong immigration decisions due to the immigration reservation; the discrimination complaint did not target the rescission decision and so did not afford relief; leave was rig…
15 May 2003

WEERACHON SAE-IEO v. SECRETARY FOR SECURITY

Citation

WEERACHON SAE-IEO v. SECRETARY FOR SECURITY
Court

Court of First Instance
Case number

HCAL110/2002

The Secretary for Security lawfully exercised the executive discretion conferred by s.20(1)(a); conventional Wednesbury review applies; the deportation order (for life) was within the range of reasonable decisions given the applicant's repeated drug offending and risk to public order, no material mistake of fact was shown to have been before the decision maker, and the applicant failed to demonstrate that hardship outweighed the public interest in deportation.