7 Nov 2018
LUIS, DESIREE RANTE AND OTHERS v. DIRECTOR OF IMMIGRATION
- Citation
- [2018] HKCFA 53
- Court
- Court of Final Appeal
- Case number
- FAMV40/2018
The Court granted leave to appeal confined to two questions of great general or public importance: (1) whether the Director must take into account the parent-and-child family's enjoyment of applicable fundamental rights when considering a non-resident parent's application to remain; and (2) whether s11 of the Bill of Rights Ordinance exempts immigration authorities from taking into account Basic Law rights of a child in such decisions. Questions 3–5 were not treated as independent grounds for leave and Question 6 was regarded as not fruitful or academic in the present context.