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Faisal Muhammad and Others v. Director of Immigration

Read the full judgment text of HCAL 1903/2023 on BabelCite. This High Court CFI judgment was delivered on 29 April 2024.

1. I refer to the oral application for leave to apply for judicial review, which I heard on 22 March 2024. The application proceeded on the basis of the proposed five Grounds of review identified in the Amended Form 86.

Cites 1 case

Case No.HCAL 1903/2023[2024] HKCFI 889
Court
High Court CFI
Date29 Apr 2024
Judge—
Case Document
100%Judiciary

HCAL 1903/2023

[2024] HKCFI 889

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 1903 of 2023

BETWEEN
  FAISAL MUHAMMAD 1st Applicant
  FAISAL SADIA 2nd Applicant
  ALI TALHA 3rd Applicant
  ALI TAHIR 4th Applicant
  NOOR AMINA 5th Applicant
  ALI TAHA 6th Applicant
  and  
  DIRECTOR OF IMMIGRATION Putative Respondent

Application for Leave to Apply for Judicial Review
NOTIFICATION of the Judge’s decision (Ord. 53 r. 3)

Following:

    consideration of the documents only;            or
   consideration of the documents and oral submission by the counsel for the 1st to 6th applicants and the senior government counsel and the government counsel for the putative respondent in court;

Order by The Honourable Mr Justice Coleman :

1.I refer to the oral application for leave to apply for judicial review, which I heard on 22 March 2024. The application proceeded on the basis of the proposed five Grounds of review identified in the Amended Form 86.

2.At the end of the hearing, I reserved my decision.

3.Having further considered the materials, I have reached the view that Grounds 1, 2 and 3 are sufficiently arguable to warrant the grant of leave to apply for judicial review. However, Grounds 4 and 5 do not meet the arguability threshold, and leave on those Grounds is refused.

4.The parties should liaise with each other to bring the matter onto a substantive hearing as soon as possible, and are referred to PD 26.1.Amongst other things, the parties should provide their available dates for a hearing, so that the substantive hearing date can be fixed quickly.

5.Liberty to apply.

Observations:

/

Dated the 29th day of April 2024.

  (Alvin KWOK)
for Registrar, High Court

Where leave to apply has been granted, Applicants and their legal advisers are reminded of their obligation to reconsider the merits of their application in the light of the Respondent’s evidence



Notes for the Applicant:

If leave has been granted, the Applicant or his solicitors must:

        
a) serve on the respondent and such interested parties as may be directed by the Court the order granting leave and any directions given within 14 days after the leave was granted (Order 53, rule 4A);

b) issue the originating summons within 14 days after the grant of leave and serve it in accordance with Order 53, rule 5; and

c) supply to every other party copies of every affidavit which the Applicant proposes to use at the hearing, including the affidavit in support of the application for leave (Order 53, rule 6(5)).
   Sent/Handed to the Applicant/the Applicant’s solicitors on 29/4/2024

Messrs. Y. W. Mok & Co.
Solicitors for the Applicants
Ref.: NM-JR-0001-23 (K)		   Sent/Handed to the Respondent/the Respondent’s solicitors / such interested parties as may be directed by the Court / the interested parties’ solicitors on 29/4/2024

Department of Justice
For the Putative Respondent
Ref.: HCAL 1903/2023


Form CALL-1

Cites 1 case

Cases cited in this judgment

Faisal Muhammad and Others v. Director of Immigration
HCAL 1903/2023
High Court CFI04 Oct 2024
Other Judgments in This Case

Further hearings and rulings under HCAL 1903/2023

Faisal Muhammad and Others v. Director of Immigration
High Court CFI04 Oct 2024
Faisal Muhammad and Others v. Director of Immigration
High Court CFI04 Oct 2024