Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

S.14ab high court ordinance

Legal area

Court

14 Jul 2020

H v. DIRECTOR OF IMMIGRATION

Citation

[2020] HKCFA 22
Court

Court of Final Appeal
Case number

FACV1/2020

A refusal to grant an extension of time to apply for leave to apply for judicial review is part and parcel of, and leads to, a refusal of leave; such a refusal falls within RHC O.59 r.21(1)(g) and therefore does not require leave under s.14AA to be appealed to the Court of Appeal. The Court of Appeal decision in MI to the contrary is overruled in that respect.
10 Mar 2020

AH v. DIRECTOR OF IMMIGRATION

Citation

[2020] HKCFA 5
Court

Court of Final Appeal
Case number

FAMV3/2020

The Appeal Committee granted leave to appeal to the Court of Final Appeal to consider two certified questions: (1) whether leave to appeal under s.14AA(1) is required where the CFI refuses an extension of time to apply for leave for judicial review (including where extension and leave hearings coincide); and (2) whether s.14AB insofar as it relates to judicial review is inconsistent with Article 82 of the Basic Law. Consideration of other certified questions was adjourned pending determination of these questions; the appeals were listed for hearing.