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CACV250/2023
KAMRAN JAVID v PERMANENT SECRETARY FOR SECURITY
Case Details
Case ReferenceCACV250/2023
CourtCourt of Appeal of the High Court 高等法院(上訴法庭)
Date Published2026-03-20
LanguageEnglish
NCN[2026] HKCA 415
Claimant / ApplicantKAMRAN JAVID
Defendant / RespondentPERMANENT SECRETARY FOR SECURITY
JudgesHon Cheung JA, Hon Au JA, Hon Chow JA
Defendant CounselMr Felix Lee, Senior Government Counsel (Ag)
Defendant SolicitorsDepartment of Justice
Judgment Summary
Facts
- •Applicant seeks leave to appeal to CFA against CA judgment [2025] HKCA 731.
- •Underlying case concerns refusal to rescind/suspend deportation order.
- •Applicant acting in person; Respondent represented by Department of Justice.
- •Previous CA judgment dismissed appeal against CFI judgment [2023] HKCFI 1944.
- •Applicant raised six grounds regarding consistency, procedure, and children's interests.
Issues
- •Whether the intended appeal involves a question of great general or public importance.
- •Whether the consistency principle was misapplied by lower courts.
- •Whether the Permanent Secretary fettered discretion or acted irrationally.
- •Whether the children's ages were properly considered in compassionate grounds.
Outcome
- •Notice of Motion dismissed.
- •Applicant to pay Respondent's costs.
- •Costs summarily assessed at HK$48,200.
- •Costs order on nisi basis to become absolute in 14 days.
Implication
- •Leave to CFA requires questions of great general or public importance.
- •Re-running previous arguments is insufficient for leave.
- •Weighting of compassionate factors is for the decision-maker.
- •Cost orders follow the event even for litigants in person.
Laws & Authorities Cited
- §Hong Kong Court of Final Appeal Ordinance (Cap 484), s. 22(1)(b)
- §Immigration Ordinance (Cap 115), s. 20(5)
- §Practice Direction 2.1
- §Ho Sin Ying v Chan Yui Ling & Another (unreported, CACV 221/2013, 14 November 2014)
- §[2025] HKCA 731
- §[2023] HKCFI 1944