6 Jan 2011
FI v. DIRECTOR OF IMMIGRATION
- Citation
- FI v. DIRECTOR OF IMMIGRATION
- Court
- Court of First Instance
- Case number
- HCAL81/2010
The court held that (1) rights claimed under the Hong Kong Bill of Rights/ICCPR and ICESCR article 6 could not be enforced by these non-resident protected persons because of the immigration reservation (section 11) and the ICESCR article 6 reservation as applied by Basic Law article 39(1); (2) the Director's overall policy of generally prohibiting employment for mandated refugees and screened-in torture claimants while retaining case-by-case discretionary exceptions was not irrational given Hong Kong's immigration context and pull-factor concerns; but (3) the Director failed to apply his disc…