14 Feb 2018
LUBIANO NANCY ALMORIN v. THE DIRECTOR OF IMMIGRATION
- Citation
- [2018] HKCFI 331
- Court
- Court of First Instance
- Case number
- HCAL210/2016
The Live‑In Requirement is lawful and sustainable: it is either a permissible condition of stay or lawfully implemented by contractual undertakings and eligibility criteria; the Applicant failed to show by clear and convincing evidence that the requirement unacceptably or significantly increases the risk of servitude, forced labour or denial of statutory rest days; the requirement is not discriminatory because FDHs admitted under the FDH Scheme are not in analogous positions to SL Scheme workers; and the Director has not irrationally fettered his discretion. Accordingly the judicial review is…