H v. Director of Immigration
Read the full judgment text of FAMV 3/2020 on BabelCite. This FAMV judgment was delivered on 10 March 2020 before Chief Justice Ma, Mr Justice Fok PJ, Mr Justice Cheung PJ.
Civil procedure – leave to appeal – judicial review – extension of time – High Court Ordinance s 14AA(1), s 14AA(2), s 14AB – Basic Law Article 82 – whether leave to appeal required under s 14AA(1) when extension of time not granted – whether s 14AB inconsistent with Article 82 – leave to appeal granted on two certified questions – consideration of other questions adjourned – appeals set for hearing on 19 June 2020.
Legal issues: Leave to appeal on certified questions
Outcome: Leave to appeal granted on two certified questions; consideration of other questions adjourned.
Cited by 2 cases
|
FAMV Nos. 415 of 2019 and 3 of 2020 [2020] HKCFA 5 FAMV No. 415 of 2019 IN THE COURT OF FINAL APPEAL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION MISCELLANEOUS PROCEEDINGS NO. 415 OF 2019 (CIVIL) (ON APPLICATION FOR LEAVE TO APPEAL FROM CACV NO. 5 OF 2017) ___________________________
___________________________ FAMV No. 3 of 2020 IN THE COURT OF FINAL APPEAL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION MISCELLANEOUS PROCEEDINGS NO. 3 OF 2020 (CIVIL) (ON APPLICATION FOR LEAVE TO APPEAL FROM HCMP NO. 196 OF 2016) ___________________________
___________________________ (HEARD TOGETHER)
____________________ DETERMINATION ____________________ The Appeal Committee: 1.On the basis that this determination is made without prejudice to the consideration by the Court of Final Appeal of the certified questions, we give leave to appeal on the following questions:- (1) Where the Court of First Instance does not grant an extension of time to a party to apply for leave to apply for judicial review, particularly when the hearing of the application to extend takes place at the same time as the hearing for leave to apply for judicial review, is leave to appeal to the Court of Appeal required under s 14AA(1) of the High Court Ordinance Cap 4, or is leave not required by reason of s 14AA(2) or otherwise? (2)If leave to appeal is required, is s 14AB of the High Court Ordinance, insofar as it relates to judicial review proceedings, inconsistent with Article 82 of the Basic Law? 2.Consideration by the Appeal Committee of the other questions sought to be certified by the applicants is to be adjourned until after the determination by the Court of Final Appeal of the two certified questions. 3.The appeals will be heard on 19 June 2020.
FAMV No. 415 of 2019
FAMV No. 3 of 2020
|
Other judgments that cite this case
Further hearings and rulings under FAMV 3/2020