Tey Tsun Hang v Attorney-General: Judicial Review of ICA's REP Cancellation and PR Status
Tey Tsun Hang, a Malaysian citizen and Singapore permanent resident, filed an originating summons against the Attorney-General, representing the Immigration & Checkpoints Authority of Singapore (ICA), seeking judicial review of the cancellation of his and his daughter's re-entry permits (REPs) and the reinstatement of their permanent residency (PR) status. The High Court struck out Tey's originating summons, finding it an abuse of process, as Tey failed to exhaust all available remedies by appealing to the Minister before turning to the courts.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Respondent's application to strike out the originating summons allowed.
1.3 Case Type
Judicial Review
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Judicial review sought against ICA's cancellation of re-entry permits and PR status. The High Court struck out the originating summons as an abuse of process.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Attorney-General | Respondent | Government Agency | Application to Strike Out Allowed | Won | Elaine Liew of Attorney-General’s Chambers David Chong SC of Attorney-General’s Chambers Elgina Chua of Attorney-General’s Chambers |
| Tey Tsun Hang | Applicant | Individual | Application Dismissed | Dismissed |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Quentin Loh | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Elaine Liew | Attorney-General’s Chambers |
| David Chong SC | Attorney-General’s Chambers |
| Elgina Chua | Attorney-General’s Chambers |
| Ravi s/o Madasamy | L F Violet Netto |
4. Facts
- Tey, a Malaysian citizen, became a Singapore permanent resident on 31 December 1997.
- Tey applied for renewal of his and his daughter's re-entry permits (REPs) on 23 July 2012.
- The ICA informed Tey on 24 July 2012 that his REP applications were cancelled.
- Tey was convicted of corruption charges on 28 May 2013.
- Tey made a second online application for an REP on 6 June 2013, which was unsuccessful.
- Tey applied for an REP at the ICA headquarters on 10 October 2013.
- The ICA approved Tey's REP application on compassionate grounds for one month on 14 October 2013, but Tey refused to complete the formalities.
- Tey attempted to leave Singapore without an REP on 15 October 2013 and lost his PR status.
- Tey's conviction was overturned on appeal on 28 February 2014.
- Tey filed the originating summons on 4 June 2014.
5. Formal Citations
- Tey Tsun Hang v Attorney-General, Originating Summons No 512 of 2014 (Summons No 512 of 3987 of 2014), [2014] SGHC 253
6. Timeline
| Date | Event |
|---|---|
| Tey became a permanent resident of Singapore. | |
| Tey's relevant REP was granted. | |
| The ICA was informed that Tey was under investigation by the Corrupt Practices Investigation Bureau. | |
| Tey made an application for new REPs for himself and his daughter. | |
| Tey was informed that both REP applications were cancelled. | |
| Tey's daughter left Singapore. | |
| Tey was convicted of six charges of corruption by the District Court. | |
| Tey made a second online application for an REP for himself. | |
| Tey submitted an application for an REP at the ICA headquarters. | |
| Tey's application for an REP was approved on compassionate grounds, valid for one month. Tey refused to complete the formalities. | |
| Tey attempted to leave Singapore without an REP and lost his PR status. | |
| The High Court allowed Tey’s appeal against the decision of the District Court, and acquitted him of his charges for corruption. | |
| Tey filed the Originating Summons. | |
| The Respondent applied to strike out Tey’s OS. | |
| Parties appeared before the court. Tey made an application to amend the OS. | |
| Judgment reserved. |
7. Legal Issues
- Abuse of Process
- Outcome: The court found that the applicant's conduct constituted an abuse of process.
- Category: Procedural
- Sub-Issues:
- Failure to exhaust remedies
- Delay in bringing proceedings
- Circumvention of appellate process
- Exhaustion of Remedies
- Outcome: The court held that the applicant's failure to exhaust his remedies by appealing to the Minister jeopardized his application for leave.
- Category: Procedural
- Sub-Issues:
- Failure to appeal to the Minister
- Exclusion of Judicial Review
- Outcome: The court found that s 39A of the Immigration Act operated to oust the court's jurisdiction in considering the matters brought by Tey.
- Category: Jurisdictional
8. Remedies Sought
- Order quashing the cancellation of Tey’s application for the renewal of his and his daughter’s re-entry permits
- Mandatory order against the Respondent to reinstate the permanent residency status of Tey and his daughter
- Mandatory order against the Respondent to consider and process Tey’s application for the renewal of his and his daughter’s REPs
9. Cause of Actions
- Judicial Review
10. Practice Areas
- Civil Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Jeyaretnam Kenneth Andrew v Attorney-General | High Court | Yes | [2014] 1 SLR 345 | Singapore | Cited regarding the court's role in preventing wastage of judicial time and resources in public law claims. |
| The “Bunga Melati 5” | Court of Appeal | Yes | [2012] 4 SLR 546 | Singapore | Cited regarding the court's role in preventing wastage of judicial time and resources and weeding out cases that are legally or factually unsustainable or are improper uses of the court’s machinery. |
| Gabriel Peter & Partners (suing as a firm) v Wee Chong Jin and others | Court of Appeal | Yes | [1997] 3 SLR(R) 649 | Singapore | Cited regarding the court's role in preventing wastage of judicial time and resources and weeding out cases that are legally or factually unsustainable or are improper uses of the court’s machinery. |
| Tan Eng Hong v Attorney-General | Court of Appeal | Yes | [2012] 4 SLR 476 | Singapore | Cited regarding the high threshold for striking out a case. |
| In re Preston | House of Lords | Yes | [1985] 1 AC 835 | United Kingdom | Cited for the principle that judicial review should not supplant the normal statutory appeal procedure. |
| Chee Siok Chin and others v Minister for Home Affairs and another | High Court | Yes | [2006] 1 SLR(R) 582 | Singapore | Cited for the principle that proceedings are an abuse of process when they are manifestly groundless or without foundation or serve no useful purpose. |
| Chua Choon Lim Robert v MN Swani and others | High Court | Yes | [2000] 2 SLR(R) 589 | Singapore | Cited for the principle that a delay in bringing proceedings may constitute an abuse of process. |
| Ronex Properties Ltd v John Laing Construction Ltd | Queen's Bench Division | Yes | [1983] 1 QB 398 | United Kingdom | Cited for the principle that a delay in bringing proceedings may constitute an abuse of process. |
| UDL Marine (Singapore) Pte Ltd v Jurong Town Corp | High Court | Yes | [2011] 3 SLR 94 | Singapore | Cited for the principle that applications for mandatory orders should be made without delay. |
| Borissik Svetlana v Urban Redevelopment Authority | High Court | Yes | [2009] 4 SLR(R) 92 | Singapore | Cited regarding the court's deference to the executive branch in matters of national policy and the importance of exhausting remedies before seeking judicial review. |
| Pihak Berkuasa Negeri Sabah v Sugumar Balakrishnan | Federal Court | Yes | [2002] 3 MLJ 72 | Malaysia | Cited regarding the exclusion of judicial review in immigration matters except for procedural non-compliance. |
| Chiu Teng @ Kallang Pte Ltd v Singapore Land Authority | High Court | Yes | [2014] 1 SLR 1047 | Singapore | Cited regarding the importance of exhausting remedies before seeking judicial review. |
13. Applicable Rules
| Rule Name |
|---|
| O 53 of the Rules of Court (Cap 322, R 5, 2014 Rev Ed) |
| O 18 r 19 of the Rules of Court |
| O 53 r 1(2) of the Rules of Court |
| O 53 r 1(6) of the Rules of Court |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Immigration Act (Cap 133, 2008 Rev Ed) | Singapore |
| s 10 of the Immigration Act (Cap 133, 2008 Rev Ed) | Singapore |
| s 11 of the Immigration Act (Cap 133, 2008 Rev Ed) | Singapore |
| s 3(2) of the Immigration Act (Cap 133, 2008 Rev Ed) | Singapore |
| s 39A of the Immigration Act | Singapore |
| Prevention of Corruption Act (Cap 241, 1993 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Re-entry Permit
- Permanent Resident
- Judicial Review
- Abuse of Process
- Exhaustion of Remedies
- Immigration Act
- Controller of Immigration
- Originating Summons
15.2 Keywords
- Re-entry permit
- Permanent residency
- Judicial review
- Immigration Act
- Abuse of process
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Immigration | 90 |
| Judicial Review | 85 |
| Administrative Law | 70 |
| Civil Procedure | 40 |
| Constitutional Law | 30 |
16. Subjects
- Immigration
- Permanent Residency
- Re-Entry Permit
- Judicial Review