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CACV000196A/1995
IN THE COURT OF APPEAL
1995 No. 196
(Civil)
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NGUYEN TUAN CUONG |
1st Applicant
(1st Appellant) |
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LONG QUOC TUONG AND OTHERS |
2nd Applicant
2nd Appellant |
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AND |
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THE DIRECTOR OF IMMIGRATION |
1st Respondent
(1st Respondent) |
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THE SECRETARY FOR SECURITY |
2nd Respondent
(2nd Respondent) |
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CHAIRMAN OF THE REFUGEE STATUS REVIEW BOARD |
3rd Respondent
(3rd Respondent) |
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Coram: Bokhary, Mortimer and Mayo, JJ.A. in Court
Date of Hearing: 8 March 1996
Date of Judgment: 8 March 1996
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J U D G M E N T
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Bokhary, J.A.:
1. It is difficult to identify any disputed legal principle which would arise in this proposed appeal. But the relevant part of the Order in Council does include the formula "or otherwise" And this, in our view, is a case of such a dimension that leave to appeal is appropriate even if no disputed legal principle arises. A very large number of persons are concerned; and they are concerned in a sense vital to them. We must hesitate of course to exercise our discretion so as to force upon the Judicial Committee of the Privy Council an appeal in which we are unable to identify a disputed legal principle. But the formula "or otherwise" is there for a purpose; and we consider that the present case comes within it.
2. In those circumstances, we think it right to grant leave to appeal to Her Majesty in Council. Such leave at this stage is of course conditional. The usual conditions pertain to security for costs and the time for the dispatch of the record.
3. On such conditions and costs, we will now hear counsel.
[Submissions on Conditions and Costs]
4. No security for costs is sought, so none will be ordered. The time for the preparation and dispatch of record will be two months. And as far as the costs of this application is concerned, they will be in the appeal to Her Majesty in Council.
| (K Bokhary) |
(Barry Mortimer) |
(Simon Mayo) |
| Justice of Appeal |
Justice of Appeal |
Justice of Appeal |
Representation:
Mr Philip Dykes (instructed by M/s Pam Baker & Co) for the applicant
Mr William Marshall QC & Ms D Watson (of the Attorney General's Chambers) for the respondent
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