Nguyen Tuan Cuong and Another v. The Director of Immigration and Others
Read the full judgment text of on BabelCite. was delivered on 8 March 1996 before Bokhary JA, Mortimer JA, Mayo JA.
Administrative law – immigration – refugee status – leave to appeal to Her Majesty in Council – whether leave should be granted absent a disputed legal principle – Order in Council containing the formula 'or otherwise' – applicants Vietnamese nationals challenging decisions of the Director of Immigration, Secretary for Security, and Chairman of the Refugee Status Review Board – whether the case is of such dimension that the 'or otherwise' formula is engaged – held: leave granted, the case coming within the 'or otherwise' formula given the very large number of persons concerned in a sense vital to them – conditions: no security for costs ordered (none sought); time for preparation and dispatch of record two months; costs of the application to be costs in the appeal to Her Majesty in Council.
Legal issues: Whether leave to appeal to the Privy Council should be granted absent a disputed legal principle
Outcome: Leave to appeal to Her Majesty in Council granted, conditional on security for costs and time for dispatch of the record. No security for costs was sought and none was ordered; the time for preparation and dispatch of the record was set at two months; costs of the application to be costs in the appeal.
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CACV000196A/1995 IN THE COURT OF APPEAL 1995 No. 196
------------------- Coram: Bokhary, Mortimer and Mayo, JJ.A. in Court Date of Hearing: 8 March 1996 Date of Judgment: 8 March 1996 ---------------------- J U D G M E N T ----------------------- Bokhary, J.A.: 1. It is difficult to identify any disputed legal principle which would arise in this proposed appeal. But the relevant part of the Order in Council does include the formula "or otherwise" And this, in our view, is a case of such a dimension that leave to appeal is appropriate even if no disputed legal principle arises. A very large number of persons are concerned; and they are concerned in a sense vital to them. We must hesitate of course to exercise our discretion so as to force upon the Judicial Committee of the Privy Council an appeal in which we are unable to identify a disputed legal principle. But the formula "or otherwise" is there for a purpose; and we consider that the present case comes within it. 2. In those circumstances, we think it right to grant leave to appeal to Her Majesty in Council. Such leave at this stage is of course conditional. The usual conditions pertain to security for costs and the time for the dispatch of the record. 3. On such conditions and costs, we will now hear counsel. [Submissions on Conditions and Costs] 4. No security for costs is sought, so none will be ordered. The time for the preparation and dispatch of record will be two months. And as far as the costs of this application is concerned, they will be in the appeal to Her Majesty in Council.
Representation: Mr Philip Dykes (instructed by M/s Pam Baker & Co) for the applicant Mr William Marshall QC & Ms D Watson (of the Attorney General's Chambers) for the respondent |