26 Mar 2018
COMILANG, MILAGROS TECSON AND ANOTHER v. DIRECTOR OF IMMIGRATION
- Citation
- [2018] HKCA 175
- Court
- Court of Appeal
- Case number
- CACV59/2016
Section 11 HKBORO as entrenched by Basic Law art 39 prevents non‑residents from invoking family rights under the Bill of Rights/ICCPR in immigration contexts and the same logic precludes residents invoking Basic Law family rights to circumvent immigration controls; Article 37 does not confer a general family‑life right that compels the Director to grant stay, its scope is limited, international economic/social covenants not domesticated do not create enforceable immigration entitlements, the Dependant Policy and Para 5C are lawful eligibility criteria and the court will not overturn the Direc…