Read the full judgment text of HCAL 806/2018 on BabelCite. This Court of First Instance judgment was delivered on 5 December 2018 before Deputy High Court Judge K.W. Lung.
Administrative and constitutional law – judicial review – leave to apply – non-refoulement claims – alternative statutory remedy – Pakistani national overstaying in Hong Kong – claim of risk from maternal uncle and Pakistan Muslim League (Nawaz) over land dispute – Country of Origin Information – procedural irregularity – language of decisions – service of decision – Court of First Ordinance rules of the High Court – Order 53 – First issue – whether the applicant may seek judicial review of the Director of Immigration's decisions without exceptional circumstances where a statutory right of appeal to the Torture Claims Appeal Board exists – Held: No; under Stock Exchange of Hong Kong Ltd v Onshine Securities Ltd, judicial review is only available in exceptional circumstances where an alternative statutory remedy exists; the applicant was out of time under Order 53, rule 4(1) and did not seek an extension; the Board under Schedule 1A of the Immigration Ordinance (Cap 115) is an impartial tribunal with power to confirm or reverse the Director's decision, and the applicant has not shown any exceptional circumstances – Second issue – whether non-receipt of the Director's Further Decision and inability to understand the English-language decisions constitute procedural irregularity – Held: No; service was properly effected at the applicant's address, which was identical to the address on his Form 86, in compliance with Order 65, rule 5(1); under the Official Language Ordinance (Cap 5), English is the official language for government communications and court proceedings; the applicant admitted at the hearing that his friend had explained the Board's Decision to him, contradicting his affirmation – Third issue – whether the Director and Adjudicator were required to explain how they balanced various sections of COIs – Held: No; the weighing of COIs is a matter of discretion, and the applicant has not identified any unreasonableness or unfairness in the exercise of that discretion – Outcome: Leave to apply for judicial review refused; application dismissed.
Legal issues: Whether judicial review of the Director's Decisions is available without exceptional circumstances · Whether service and language issues constitute procedural irregularity · Whether the Director's weighing of Country of Origin Information is reviewable
Outcome: Leave to apply for judicial review refused; application dismissed.
Cited by 91 cases