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.