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FAMV Nos. 415 of 2019 and 3 of 2020
[2020] HKCFA 5
FAMV No. 415 of 2019
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 415 OF 2019 (CIVIL)
(ON APPLICATION FOR LEAVE TO APPEAL FROM
CACV NO. 5 OF 2017)
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| BETWEEN |
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H |
Applicant |
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and |
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DIRECTOR OF IMMIGRATION |
Respondent |
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FAMV No. 3 of 2020
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 3 OF 2020 (CIVIL)
(ON APPLICATION FOR LEAVE TO APPEAL FROM
HCMP NO. 196 OF 2016)
___________________________
| BETWEEN |
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AH |
Applicant |
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and |
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DIRECTOR OF IMMIGRATION |
Respondent |
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(HEARD TOGETHER)
| Appeal Committee: Chief Justice Ma, Mr Justice Fok PJ and Mr Justice Cheung PJ |
| Date of Hearing and
Determination: 10 March 2020 |
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DETERMINATION
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The Appeal Committee:
1. On the basis that this determination is made without prejudice to the consideration by the Court of Final Appeal of the certified questions, we give leave to appeal on the following questions:-
(1) Where the Court of First Instance does not grant an extension of time to a party to apply for leave to apply for judicial review, particularly when the hearing of the application to extend takes place at the same time as the hearing for leave to apply for judicial review, is leave to appeal to the Court of Appeal required under s 14AA(1) of the High Court Ordinance Cap 4, or is leave not required by reason of s 14AA(2) or otherwise?
(2)If leave to appeal is required, is s 14AB of the High Court Ordinance, insofar as it relates to judicial review proceedings, inconsistent with Article 82 of the Basic Law?
2. Consideration by the Appeal Committee of the other questions sought to be certified by the applicants is to be adjourned until after the determination by the Court of Final Appeal of the two certified questions.
3. The appeals will be heard on 19 June 2020.
| (Geoffrey Ma) |
(Joseph Fok) |
(Andrew Cheung) |
| Chief Justice |
Permanent Judge |
Permanent Judge |
FAMV No. 415 of 2019
| Mr Philip Dykes SC and Mr Timothy Parker, instructed by Daly & Associates, assigned by the Director of Legal Aid, for the Applicant (“H”) |
| Mr Jonathan Chang, instructed by the Department of Justice, for the Respondent |
FAMV No. 3 of 2020
| Mr Philip Dykes SC and Mr Geoffrey Yeung, instructed by Daly & Associates, assigned by the Director of Legal Aid, for the Applicant (“AH”) |
| Mr Jonathan Chang, instructed by the Department of Justice, for the Respondent |
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