14 Sept 2010
GURUNG DEU KUMARI AND ANOTHER v. DIRECTOR OF IMMIGRATION
- Citation
- GURUNG DEU KUMARI AND ANOTHER v. DIRECTOR OF IMMIGRATION
- Court
- Court of First Instance
- Case number
- HCAL76/2009
The Director did not unlawfully fetter his discretion in applying a lawful dependent policy which limits parents to aged 60 or above except in exceptional humanitarian/compassionate cases; the Hong Kong Bill of Rights cannot be invoked to affect immigration legislation under s.11 and Article 37 of the Basic Law, read with the Chinese text, does not engage to require admission of an adult parent in these circumstances; the Director's conclusion that no exceptional grounds existed was not Wednesbury‑unreasonable. Therefore the judicial review application fails.