26 Mar 2018
LUIS, DESIREE RANTE AND OTHERS v. DIRECTOR OF IMMIGRATION
- Citation
- [2018] HKCA 175
- Court
- Court of Appeal
- Case number
- CACV60/2016
Section 11 of the Hong Kong Bill of Rights Ordinance as constitutionalised by Basic Law article 39 excludes reliance on BOR/ICCPR/CRC/ICESCR in respect of immigration legislation governing entry, stay and departure; Basic Law article 37 does not confer a general right to secure residence for non-residents nor allow resident family members to override immigration controls; the Dependant Policy is dependency-based with financial sufficiency eligibility criteria properly applied; the Director did not unlawfully fetter discretion or fail to consider relevant matters; appeals dismissed.