Appeal to proceed against ruling on British lesbian's visa

Local | 4 Dec 2017 12:11 pm

The government has been allowed to proceed with an appeal against a court ruling that favored a lesbian British expatriate’s on her right for a spousal visa. 

The government sought to appeal the ruling, saying some questions of "great general and public importance” remain unanswered. 

The case stems from a judicial review mounted by a British woman, referred to as QT in court, who entered into a civil partnership with a woman in the UK, but was refused a dependent visa when her partner came to work in the SAR. 

In September, the Court of Appeal ruled in favor of QT, saying the Immigration Department had put same-sex couples at a serious disadvantage. 

The government then asked for and is now has been granted premission to appeal against the ruling in the highest court in Hong Kong, the Court of Final Appeal. 

The Immigration Department told the court that Hong Kong does not allow same-sex unions, and that is not counted as discrimination. Given that, they argued, the court should clarify how one can make a claim of discrimination on grounds of sexual orientation in relation to his or her marital status. 

The government also wants the court to rule on whether a dependent visa is a core right of a married person, and how far the Immigration department’s discretion goes. 

No hearing date has been scheduled.-Photo: RTHK

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