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HCAL 656/2017
[2018] HKCFI 481
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 656 of 2017
BETWEEN
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Tehseen Safder |
Applicant |
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and |
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Permanent Secretary for Security |
Putative Respondent |
Application for Leave to Apply for Judicial Review
NOTIFICATION of the Judge’s decision (Ord. 53 r. 3)
Following;
Order by the Honourable Mr Justice Au:
Leave to apply for judicial review refused. Observations for the Applicant:
There is no overall immigration policy of facilitating family reunion as alleged by the applicant at paragraph 5 of his stated grounds. It is within the wide discretion of the Permanent Secretary to decide whether or not to rescind or suspend a deportation order, and the court will not interfere lightly. The mere fact that the applicant has been in Hong Kong for a long time and maintained a family here do not render the decision not to rescind the deportation order Wednesbury unreasonable. See for examples: PVQ v Permanent Secretary for Security (HCAL 21/2017, 26 October 2017, Chow J); Touray Edrisa v Permanent Secretary for Security (HCAL 91/2016, 15 May 2017, Chow J); Sabir Mohammed v Permanent Secretary for Security (HCAL 114/2015, 27 January 2017, Au J); MI v Permanent Secretary for Security (HCAL 44/2016, 9 May 2017, Chow J).
3. In the premises, The applicant has not provided any reasonably arguable grounds to show that the decision to refuse to suspend or rescind the deportation order against him is wrong in law or Wednesbury unreasonable. The leave application must be refused.
Dated the 5th day of March 2018.
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(Sunny Ng) |
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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: |
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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);
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)). |
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Sent/Handed to the Applicant/
the Applicant’s solicitors on
05/03/2018
Tehseen Safder
The Applicant
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Sent/Handed to the Putative Respondent / the Putative Respondent’s solicitors / such interested parties as may be directed by the Court / the interested parties’ solicitors on
05/03/2018
Permanent Secretary for Security
The Putative Respondent
Ref: SF(D)9943 |
Form CALL-1
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