H v Director Immigration [2020] 1 HKLRD 144

Philip Dykes SC appeared for the applicant in the Court of Appeal in H v Director of Immigration [2020] 1 HKLRD 144.

In judicial review proceedings, the Court of Appeal refused MAR and LH’s application for leave to appeal under s.14AA of the High Court Ordinance (Cap.4) (see [2019] HKEC 1437) (the Decision). The applicants invited the Court to defer the processing of their Notice of Motion seeking leave to appeal to the Court of Final Appeal against the Decision pending the application for leave to the Appeal Committee in H v Director of Immigration . In respect of the finality provision under s.14AB of the Ordinance, the applicants conceded that their case was indistinguishable from H v Director of Immigration.

Held, dismissing the Notice of Motion, that the Decision was final and the matter should not be postponed at this level. The applicants should seek leave from the Appeal Committee, perhaps at the same time as the application in H v Director of Immigration (H v Director of Immigration [2020] 1 HKLRD 144) applied). (See paras.3-4.)

(The above headnote is taken from HKLRD.)

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