Read the full judgment text of HCAL 76/2009 on BabelCite. This Court of First Instance judgment was delivered on 26 May 2010 before Saunders J.
Constitutional and administrative law – judicial review – immigration – leave to apply for judicial review – joinder of party under O 15 r 6 RHC – Article 37 of the Basic Law – right to raise a family – dependency visa – mother refused permission to reside with Hong Kong permanent resident son – whether son has standing to bring his own Article 37 challenge – whether Marilyn G Aringo precludes extended family rights argument in light of Huang v Secretary of State for the Home Department – whether argument is reasonably arguable – whether post-CJR widening of judicial review scope meets the formidable threshold – delay beyond 3-month period under O53 r 4 RHC – absence of prejudice – evolving nature of Basic Law rights and immigration policy interface – leave granted and joinder ordered, with directions for filing of further affidavits and costs in the cause on legal aid basis.
Legal issues: Whether Mr Gurung should be granted leave to bring judicial review proceedings on Article 37 Basic Law grounds · Whether Mr Gurung should be joined as a party under O 15 r 6 RHC · Whether delay should bar the application to amend and join
Outcome: Leave granted to Mr Gurung to bring judicial review proceedings against the Director's decision of 6 February 2009; Mr Gurung joined as an applicant party to the proceedings under O 15 r 6 RHC.
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