Hong Kong grounds procedural improprietyarticle 27 fundamental rightspublic authority duties

Baig Mirza Tariq v Director of Immigration

(2019) 22 HKCFAR 77

JurisdictionHong Kong

CourtHK Court of Final Appeal

Year2019

StatusBinding authority

Summary

In non-refoulement screening, high standards of procedural fairness apply and the Director of Immigration must decide torture/CIDTP claims within a reasonable time.

Key Principle

non-refoulement claims; high standards of fairness required in torture/CIDTP claims screening; Director's duty to decide within reasonable time

Area of Law

immigration

Related Cases

Minister for Immigration v NZYQ [2023] HCA 37

Executive detention of non-citizens is only lawful where removal is reasonably practicable; indefinite detention where removal is not possible is constitutionally invalid, effectively overruling Al-Kateb.

Minister for Immigration v Vunilagi [2023] HCA 24

HCA considered s 80 Constitution guarantee of trial by jury and the Kable principle as they apply to territory courts and territory criminal proceedings.

Alexander v Minister for Home Affairs (Character Cancellation) [2022] HCA 19

Ministerial discretion to cancel a visa on character grounds must be exercised according to statutory criteria and is subject to judicial review for legal error.

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