HCMP000622/1990 NOTE Judicial Review
HCMP000622/1990 NOTE Judicial review - Vietnamese refugees - Screening procedure - Statutory frame work - Statement of Understanding - International agreements. Leave to Cross-examine deponents. Admissibility of evidence. Approach to mistake of fact by decision maker. Legitimate expectation that asylum seeker's case will be dealt with fairly and on its merits. Fair procedure in the Immigration Officers' interviews. Reg. 7 of Immigration (Refugee Status Review Boards) (Procedure) Regulations procedural not substantive. Effect of administrative appellate tribunal's decision (Refugee Status Review Board) upon flaws in the Immigration Officers' decision making. Jurisdiction of the Court not ousted by Section 13 F(6) of the Immigration Ordinance Cap. 115. Legality of detention under Section 13 D(1) of the Immigration Ordinance. Application for Declaration not pursued. 1990 MP NO 570, 622, 623, 624, 636, 931, 932, 933 and 934 IN THE SUPREME COURT OF HONG KONG HIGH COURT MISCELLANEOUS PROCEEDINGS - 2 - (Consolidated by orders of the Honourable Mr Justice Penlington J.A. dated 3rd April 1990 and Mr Justice Mortimer dated 24th April 1990) ____________ IN THE MATTER of an application for Judicial Review R v. Director of Immigration and Refugee Status Review Board ex parte Do Giau and others. 1990 November 19, 20, 21, 22, 23, 26, 27, 28, 29 December 3, 4, 5, 14, 17, 18, 19, 20, 21, 24 MORTIMER J. 1991 January 2, 3, 4, 7, 8, 9, 14, 15, 16, 17, 18, 21, 22, 23, 24, 25, 28 February 18 MORTIMER J: Consolidation This hearing began with nine consolidated applications. At an early stage, it became clear both to the parties and myself that it would be impossible to hear and determine all these applications together.
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