18 Feb 2014
FI v. DIRECTOR OF IMMIGRATION
- Citation
- FI v. DIRECTOR OF IMMIGRATION
- Court
- Court of Final Appeal
- Case number
- FACV9/2013
The Court unanimously dismissed the appeals: s.11 HKBORO prevents the applicants from relying on Article 14 BOR in this immigration context; Article 6 ICESCR has not been incorporated into domestic law in a manner conferring the general right to work relied on and is subject to the UK reservation; Article 33 Basic Law does not create a general right to work for non-residents; no common law right to work was established; however Article 3 BOR (no torture/IDT) remains absolute and where a substantial and imminent risk of IDT is demonstrated the DOI must exercise the immigration discretion to pe…