Hong Kong Case Law: Decisions & Judgments

Topic

Marital status

Legal area

Court

4 Jul 2018

DIRECTOR OF IMMIGRATION v. QT

Citation

[2018] HKCFA 28
Court

Court of Final Appeal
Case number

FACV1/2018

The Director’s Policy excluding same-sex civil partners from eligibility for dependant visas constituted discriminatory differential treatment on the basis of sexual orientation (at least indirect discrimination) and the Director failed to justify that differential treatment because the Policy was not rationally connected to the legitimate aims asserted (attracting talent and maintaining immigration control); accordingly the Director’s refusal was unlawful and the appeal is dismissed.
4 Dec 2017

QT v. DIRECTOR OF IMMIGRATION

Citation

QT v. DIRECTOR OF IMMIGRATION
Court

Court of Appeal
Case number

CACV117/2016

The Court of Appeal concluded that the three legal questions identified involve points of great general and public importance and therefore granted leave to appeal to the Court of Final Appeal; accordingly the appropriate forum to decide the contested legal issues is the Court of Final Appeal.
11 Mar 2016

QT v. DIRECTOR OF IMMIGRATION

Citation

QT v. DIRECTOR OF IMMIGRATION
Court

Court of First Instance
Case number

HCAL124/2014

Given the context of immigration control and the legitimate aim of striking a balance between attracting skilled workers and controlling population and resources, the Director was entitled to adopt a bright‑line rule based on marital status as defined by Hong Kong law; 'spouse' in the Policy means a party to a marriage lawfully recognised in Hong Kong (heterosexual and monogamous) and the Decision refusing the applicant a dependant visa was not discriminatory on the ground of sexual orientation; judicial review dismissed.

Hong Kong Case Law

DIRECTOR OF IMMIGRATION v. QT

QT v. DIRECTOR OF IMMIGRATION

QT v. DIRECTOR OF IMMIGRATION