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Immigration Detention Case Law database
This database contains summaries of case law from the Hong Kong Courts, relating to immigration detention. The case summaries included in the database are either core immigration detention cases, including cases involving non-refoulement claimants, or other cases relevant to immigration detention. This database is managed by Justice Centre HK, with the case summaries prepared with pro bono support.
You can also find a Summary Table containing core details of immigration detention cases and other relevant cases here: Detention Caselaw Summary Table.
| Case Name | Citation(s) | Level of Court | Date of Judgment | Key Words |
|---|---|---|---|---|
| Akram Muhammad v Director of Immigration | [2023] HKCFI 595; HCAL 1329/2022 | CFI | 2023-03-21 | Judicial review, unequal treatment in immigration detention, invalidation of subsidiary legislation on ground of irrationality, discriminatory treatment and justification |
| Le Cong Manh v Director of Immigration | [2023] HKCFI 1044; HCL 512/2023; | CFI | 2023-04-21 | Administrative Law; Habeas corpus; Detention pending removal; Whether continuing detention become unlawful; Intended prosecution of applicant for illegal remaining; Condition of bail not to leave Hong Kong |
| Butt Waqas Arif v Director Of Immigration | [2022] HKCFI 3062; HCAL 900/2022 | CFI | 2022-10-06 | Administrative Law; habeas corpus; detention pending removal; whether continuing detention unreasonable; reasonable diligence and expedition to effect removal |
| Abbas Syed Manzar v Director Of Immigration | [2022] HKCFI 3063; HCAL 904/2022 | CFI | 2022-10-06 | Administrative law; habeas corpus; detention pending removal; whether continuing detention unreasonable; reasonable diligence and expedition to effect removal |
| Sajid Mahmood v Hong Kong Sar Government | [2022] HKCFI 3060; HCAL 898/2022 | CFI | 2022-10-05 | Administrative law; habeas corpus; detention pending removal; whether removal not possible within reasonable time; risk of absconding and reoffending |
| Safder Tehseen v Secretary for Security and another | [2022] HKCFI 2472; HCAL 707/2022 | CFI | 2022-08-12 | Administrative law, Habeas Corpus, detention pending removal or deportation |
| Ngo Quang Duy v. Director of Immigration | [2022] HKCFI 177; HCAL 1753/2021 | CFI | 2022-01-13 | Administrative law; habeas corpus; detention pending removal; lawful authority; whether detention has become unreasonable; length of detention |
| Husseini Yawuza v Director of Immigration | [2021] HKCFI 3442; [2021] HKCU 5797 | CFI | 2021-11-30 | Administrative law; habeas corpus; detention pending removal; lawful authority; whether detention has become unreasonable; realistic prospect of removal within reasonable time |
| Ditta Allah v Director of Immigration | [2021] HKCU 1592; [2021] HKCFI 935 | CFI | 2021-04-13 | Administrative law; habeas corpus; detention pending removal; whether detention had become unreasonable; security risk |
| Allah Ditta v Director of Immigration | [2022] HKCFI 1505; HCAL 311/2022 | CFI | 2022-08-04 | Administrative Law; Habeas corpus; Detention under Immigration Ordinance; Pending removal; Whether has become unlawful |
| Diawara Ansoumane Alias Onuoha Dickson Emeh v Director Of Immigration | [2020] HKCU 1660 | CFI | 2020-06-15 | Administrative law; habeas corpus; detention pending removal; whether detention had become unreasonable; security risk |
| Arango Castano Johny Ricardo V Hong Kong Sar Government | [2020] HKCU 1369 | CFI | 2020-06-03 | Non-refoulement; Non-refoulement Claims Petition Office; habeas corpus; Hardial Singh; detention; Immigration Ordinance; torture; Torture Claims Appeal Board; persecution; removal order |
| Sunday Peter Atyh Alias Shabu Yabre V Director Of Immigration | [2020] HKCU 1241 | CFI | 2020-05-27 | Non-refoulement; Non-refoulement Claims Petition Office; habeas corpus; Hardial Singh; detention; Immigration Ordinance; torture; Torture Claims Appeal Board; persecution; removal order |
| Simona Mundia v Director of Immigration | [2020] HKCU 957 | CFI | 2020-05-08 | Non-refoulement; Non-refoulement Claims Petition Office; habeas corpus; Hardial Singh; detention; Immigration Ordinance; torture; Torture Claims Appeal Board; persecution; removal order |
| Ali Fayzan v Torture Claims Appeal Board And Another | [2019] HKCFI 2545; [2019] HKCU 4603 | CFI | 2019-12-06 | Late filing of non-refoulement claim; judicial review; Wednesbury reasonableness |
| T v Director Of Immigration | [2019] HKCFI 22; [2019] HKCU 126 | CFI | 2019-01-08 | Exemplary damages for unlawful detention; private law writ action as appropriate remedy; judicial review as last resort |
| Bhopinder Singh v Hong Kong Sar Government Immigration Department | HCAL 2233/2019; [2019] HKCFI 1996 | CFI | 2019-08-09 | Habeas corpus; detention pending removal; lawfulness of detention; administrative law |
| Mansuri, Intekhab Alam Mohamed Shakil Reza v Hong Kong SAR Government | [2018] HKCFI 2468; HCAL 2428/2018 | CFI | 2018-11-06 | Habeas corpus; detention pending removal; lawfulness of detention; administrative law |
| Harjang Singh v Hong Kong SAR Government | [2018] HKCFI 2234; HCAL 2025/2018 | CFI | 2018-10-02 | Habeas corpus, detention pending removal, person subject to deportation order, judicial review, whether detention has become unlawful, period of detention becoming unreasonable, steps taken by applicant that have lengthened procedures in other proceedings, reoffending risk, whether removal be achieved within reasonable time |
| Hommulla Pathirannahalage Kumara Douglus v Secretary for Justics for and on behalf of the (1) Secretary for Security (2) Director of Immigration | [2018] HKDC 1179; DCCJ 2304/2012 | DC | 2018-09-21 | Judicial review; habeas corpus; unlawful detention |
| Sarah Victor v the Director of Immigration | [2018] HKCFI 1108; HCAL 608/2018, HCAL 621/2018, | CFI | 2018-05-23 | Judicial review; leave to apply for judicial review |
| Munir Ahmad v The Government of HKSAR | [2017] HKCFI 678; HCAL 130/2017 | CFI | 2017-04-12 | Judicial review; habeas corpus; unlawful detention |
| Xie Jing Feng v Superintendent of Lai Chi Kok Reception Centre and another | [2017] HKCFI 195; HCAL 223/2015 | CFI | 2017-02-13 | Habeas corpus, Fugitive Offenders Ordinance, unlawful arrest |
| Jum Alie v HKSAR | [2017] HKCFI 652; HCAL 20/2017 | CFI | 2017-02-03 | Administrative law; habeas corpus; detention pending removal; unlawful detention; whether detention had become unreasonable |
| Nkokwo Andre Aka v HKSAR, Director of Immigration | [2016] HKCFI 1541, HCAL 157/2016 | CFI | 2016-09-14 | Habeas corpus, unlawful detention, judicial review, Immigration Ordinance |
| Mir Moazzam v Secretary for Justice for and behalf of Director of Immigration | DCCJ 4591/2014; DCCJ 4751/2014 | DC | 2016-08-24 | Wasted costs order; case management; non-refoulement claim; damages claim for alleged unlawful detention |
| Saeed v Secretary for Justice | [2015] 1 HKLRD 1030 | DC | 2015-01-30 | Damages; false imprisonment; unlawful detention; trespass to person; unlawful handcuffing and body/strip searches; ordinary damages; aggravated damages; exemplary damages; constitutional damages |
| Ghulam Rbani v Secretary for Justice for and on behalf of the Director of Immigration | [2014] HKCFA 21 | CFA | 2014-03-13 | Non-refoulement; habeas corpus; Hardial Singh; detention; Immigration Ordinance; torture; Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; removal order; false imprisonment; Bill of Rights; Basic Law; publication of policy; damages |
| Ubamaka Edward Wilson v Secretary for Security | [2012] HKCFA 87 | CFA | 2012-12-21 | Section 11 of the Bill of Rights Ordinance (Cap. 383); immigration reservation; deportation; non-refoulement; torture; cruel, inhuman and degrading treatment or punishment (CIDTP); minimum level of severity; genuine and substantial risk; double jeopardy; non-derogable and absolute rights; territorial limits |
| A & ORS v. Director of Immigration | [2009] HKCU 311; (2009) 14 HKPLR 327 | CFI | 2009-03-03 | Tort; false imprisonment; unlawful detention by servant of government; could be awarded ordinary, aggravated and exemplary damages; quantification to be made on global rather than rateable basis; award restricted to ordinary damages only; no aggravated and exemplary damages; fact that detention unconstitutional per se insufficient to trigger exemplary damages; immigration; removal or deportation; unlawful detention pending removal or deportation; damages |
| Hashimi Habibi Halim v Director of Immigration | [2008] HKCFI 885 | CFI | 2008-10-15 | Habeas corpus, unlawful detention, Hong Kong Bill of Rights, Ordinance of Immigration, lawful policy, accessibility |
Justice Centre Hong Kong is grateful to Morrison Foerster for the pro bono support dedicated to developing and launching this database.
Please note that the case information and resources provided herein are for reference only and are not intended to be exhaustive, nor does the information constitute legal advice. Users are responsible for making their own assessment of all information contained in this database, and are advised to verify such information and obtain independent legal advice before acting upon it.
