Read the full judgment text of FAMV34/2011 on BabelCite. This Court of Final Appeal judgment was delivered on 5 December 2011 before Ma CJ, Chan PJ, Ribeiro PJ.
Immigration – Convention against Torture – extension of stay – policy – judicial review – leave to appeal – fetter of discretion – facts: applicant came as visitor, made torture claim just before expiry, extension refused, became overstayer – Court of Appeal dismissed appeal – issue: whether Director's policy of refusing extension pending determination is unlawful – holding: policy lawful; no fetter; Convention does not require grant of status – outcome: leave refused with costs.
Legal issues: Extension of stay pending torture claim determination
Outcome: Application for leave to appeal refused; costs awarded to the respondent.
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