COMILANG, MILAGROS TECSON (1st Applicant in FAMV 39/2018) v AHMED, ZAHRAH NOOR, a minor, by her next friend and mother COMILANG, MILAGROS TECSON (2nd Applicant in FAMV 39/2018)

Read the full judgment text of FAMV 39/2018 and FAMV 40/2018 on BabelCite. This Court of Final Appeal judgment was delivered on 7 November 2018 before Mr Justice Ribeiro PJ, Mr Justice Fok PJ and Mr Justice Stock NPJ.

Immigration – right of abode – fundamental rights – parent-child family – Director of Immigration – leave to appeal – great general or public importance – Hong Kong Bill of Rights Ordinance (Cap 383) s.11 – Basic Law – foreign national parent – HKSAR permanent resident minor child – obligation to consider applicable fundamental rights – exemption under s.11 – leave to appeal granted on two questions of great general or public importance – appeal set for hearing on 28 February 2019

Legal issues: Obligation to consider fundamental rights in immigration decisions affecting parent-child family · Exemption under section 11 of the Hong Kong Bill of Rights Ordinance

Outcome: Leave to appeal granted on Questions 1 and 2; leave to appeal refused on Questions 3, 4, 5, and 6.

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