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Hong Kong
immigrationunincorporated treatiesfamily life
Comilang v Director of Immigration
Comilang and Ahmed v Director of Immigration (2019) 22 HKCFAR 59; [2019] HKCFA 10; [2019] 2 HKC 492 (FACV 9/2018)
Key Principle
Unincorporated treaties (ICCPR, ICESCR, CRC) confer no domestically enforceable rights or legitimate expectations in Hong Kong, and the immigration reservation/exception (mirrored by s.11 Hong Kong Bill of Rights Ordinance and read into cognate Basic Law rights) prevents non-resident ex-domestic-helper mothers, or their HK-resident children, from invoking family rights to compel the Director of Immigration to grant a right to remain.
Area of Law
constitutional
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