21 Sept 2020
LUBIANO NANCY ALMORIN v. DIRECTOR OF IMMIGRATION
- Citation
- [2020] HKCA 782
- Court
- Court of Appeal
- Case number
- CACV112/2018
Appeal dismissed: ICESCR article 7(b) and (d) have not been domesticated by conscious legislative implementation in the Employment Ordinance; the applicant's heightened‑risk theory is precluded by the Immigration Reservation and the ICESCR article 6 reservation and, in any event, the heightened‑risk approach is not an applicable general ground of review absent clear evidence of a significant inherent risk causally linked to the impugned immigration policy; no sufficient evidence showed the Live‑In Requirement materially increases the risk of denial of statutory rest days and s.17 EO affords t…