14 Nov 2011
LI NIM HAN AND ANOTHER v. THE DIRECTOR OF IMMIGRATION
- Citation
- LI NIM HAN AND ANOTHER v. THE DIRECTOR OF IMMIGRATION
- Court
- Court of First Instance
- Case number
- HCAL36/2011
Article 37 of the Basic Law does not confer a general Article 8 style right to family life that restricts immigration removal decisions; construed with the Chinese text and constitutional context it is limited to the right to procreate and raise children and cannot be used by the 1st Applicant to prevent execution of the removal order against a non-resident spouse in light of immigration reservations and the One Way Permit regime, therefore the judicial review fails.