4 Apr 2019
LUIS, DESIREE RANTE AND OTHERS. v. DIRECTOR OF IMMIGRATION
- Citation
- [2019] HKCFA 10
- Court
- Court of Final Appeal
- Case number
- FACV10/2018
Section 11 of HKBORO, given constitutional force by Basic Law article 39 and read coherently with Basic Law provisions (including BL154(2)), excludes reliance on the BOR and precludes importing cognate Basic Law rights to defeat immigration controls; consequently the Director was not obliged as a matter of law to take into account the asserted rights (BOR, ICCPR, ICESCR, CRC, BL37, BL24 or common law best interests) when refusing extensions of stay to non‑resident parents, and the appeals are dismissed.