Hong Kong Case Law: Decisions & Judgments

Topic

Standard of review - irrationality

Legal area

Court

19 Mar 2024

RE SACDALAN MARIO CAPISTRANO

Citation

[2024] HKCA 253
Court

Court of Appeal
Case number

CACV419/2022

Leave to appeal was refused because the applicant did not identify any question of great general or public importance under s22(1)(b), failed to set out viable or specific grounds for the intended appeal (including particulars of alleged irrationality), and did not comply with directions to file written submissions; therefore the statutory requirements for granting leave were not met.
27 Jun 2023

RE RAI KALPANA

Citation

[2023] HKCA 768
Court

Court of Appeal
Case number

CAMP254/2022

The notice of motion for leave to appeal was dismissed because the applicant failed to demonstrate that the intended appeal raised a question of great general or public importance, the grounds were personal, vague and unarguable, and therefore the statutory requirements for leave (and for extending time) were not met; extension of time was futile.
27 Sept 2004

FUNG TAI HO v. IMMIGRATION TRIBUNAL AND ANOTHER

Citation

FUNG TAI HO v. IMMIGRATION TRIBUNAL AND ANOTHER
Court

Court of First Instance
Case number

HCAL129/2003

The tribunal did consider the Lam Ming statutory declaration and, in any event, even if it had not the declaration would not have changed the outcome because the evidence as a whole contained significant and insurmountable discrepancies; the court will not overturn the tribunal's factual findings in a judicial review absent a procedural defect or irrationality in the decision-making process. Therefore the application for judicial review is dismissed.

Hong Kong Case Law

RE SACDALAN MARIO CAPISTRANO

RE RAI KALPANA

FUNG TAI HO v. IMMIGRATION TRIBUNAL AND ANOTHER