8 Mar 2016
BH v. DIRECTOR OF IMMIGRATION
- Citation
- BH v. DIRECTOR OF IMMIGRATION
- Court
- Court of Appeal
- Case number
- CACV103/2015
On proper construction of the Guidebook in context of Hong Kong's restrictive immigration regime the No Record Requirement in paragraph 5(b) is an essential eligibility criterion which a dependant visa applicant must satisfy; the Director is not generally under a public law duty to consider family circumstances though he may do so as a discretionary humanitarian consideration; on the facts the Director's refusals were lawful and the Court of Appeal allowed the Director's appeals and set aside the ex parte leave in BH.