11 Apr 2001
CHAN TO FOON AND OTHERS v. THE DIRECTOR OF IMMIGRATION AND ANOTHER
- Citation
- CHAN TO FOON AND OTHERS v. THE DIRECTOR OF IMMIGRATION AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCAL58/1998
The Director was not legally obliged to give the specific protections in the ICCPR, CRC and ICESCR decisive weight when exercising immigration discretion affecting permanent-resident family members because reservations to ICCPR and CRC (and s.11 of the Bill of Rights) limit their application in immigration matters and preclude the asserted legitimate expectation; ICESCR is aspirational; the Director's decisions fell within lawful discretion and the judicial review application is dismissed.
- Right to family life
- Legitimate expectation
- Reservations to international treaties
- Best interests of the child
- Discretion under immigration ordinance s13/s19/s53a/s53d