ALI TARIQ v. DIRECTOR OF IMMIGRATION

[2018] HKCFI 134

Court of First Instance24 January 2018

HCAL837/2017 ALI TARIQ v. DIRECTOR OF IMMIGRATION

HCAL837/2017

[2018] HKCFI 134

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 837 of 2017

BETWEEN
	Ali Tariq	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 submissions by the Applicant or counsel [ ] in open court;

Order by the Honourable Mr Justice Chow:

Leave to apply for Judicial Review dismissed.

Observations for the Applicant:

The application for leave to apply for judicial review is dismissed on the ground the application is not reasonably arguable. The Applicant’s existing dependant visa already expired on 16 August 2017. The Director of Immigration’s exercise of discretion not to grant to the Applicant an extension of stay in Hong Kong cannot be challenged save on the ground of illegality, irrationality or procedural unfairness. No proper ground has been disclosed in either the Notice of Application for Leave to Apply for Judicial Review dated 1 November 2017 or the Applicant’s Affirmation made on 2 November 2017 which would justify the court reviewing the decision of the Director of Immigration not to grant to the Applicant the extension of stay sought. Further, the Applicant has been given reasonable time to make arrangements for departure from Hong Kong.

Dated the 24^th day of January 2018.

(Sunny Ng)
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);	Sent/Handed to the Applicant/ the Applicant’s solicitors on 25/01/2018 Ali Tariq The Applicant	Sent/Handed to the Putative Respondent/ the Putative Respondent’s solicitors / such Putative Interested Parties as may be directed by the Court / the Putative Interested Parties’ solicitors on 25/01/2018 Director of Immigration The Putative Respondent Ref: ACXR-34697-17
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)).

Form CALL-1

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Court

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Appeal history

ALI TARIQ v. DIRECTOR OF IMMIGRATION
CFI · 24 Jan 2018 · [2018] HKCFI 134
This judgment
ALI TARIQ v. DIRECTOR OF IMMIGRATION
CA · 9 May 2018 · [2018] HKCA 265
On appeal from
ALI TARIQ v. DIRECTOR OF IMMIGRATION
CA · 2 Aug 2018 · [2018] HKCA 455
On appeal from