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Hong Kong Leading Case article 27 fundamental rightsgrounds illegality

C v Director of Immigration

(2013) 16 HKCFAR 280
JurisdictionHong Kong
CourtHK Court of Final Appeal
Year2013
StatusBinding authority

Summary

The CFA established the high-threshold 'substantial grounds for believing real risk' test for non-refoulement claims under the Convention Against Torture in HK immigration decisions.

Key Principle

torture claim; Convention Against Torture; non-refoulement; high threshold; substantial grounds for believing real risk

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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