Read the full judgment text of HCAL 241/2016 on BabelCite. This Court of First Instance judgment was delivered on 16 January 2017 before Wilson Chan J.
Immigration law – detention – bail – judicial review – non-refoulement claim – Torture Claims Appeal Board – reasonable time – Applicant detained under Immigration Ordinance pending non-refoulement claim. Applicant applied for leave for judicial review and bail pending that application. Court considered test for bail: weight to Director's decision, and if bail would effectively grant relief then applicant must show likelihood of success. Court accepted Director's view that claim may be decided within reasonable time, with TCAB hearing scheduled soon. Bail refused.
Legal issues: Bail pending judicial review
Outcome: Bail application refused.
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