Overstayers Lose Bid To Take Visa Case To Top Court
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2020-11-12 HKT 14:48
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Two failed asylum seekers who are married to Hong Kong residents have lost a bid to take their fight for dependent visas to the Court of Final Appeal.
The men from Liberia and Bangladesh – who who referred to only as "H" and "AH" in court – both married Hong Kong permanent residents after their refugee or torture claims were rejected by SAR authorities.
Their applications for dependent visas to enable them to stay in Hong Kong with their wives were later turned down.
AH had served a prison term for using a fake passport and lying to an immigration assistant when seeking to enter Hong Kong. Both men have also overstayed in the city.
Their lawyers had hoped to argue that only crimes of a serious nature need to be considered by the immigration director when awarding visas.
However in a judgement released on Thursday, the court said there is no suggestion that government policy limits the types of adverse records that the immigration chief can take into account.
The three-judge panel, including Chief Justice Geoffrey Ma, also said there is no presumption that the policy favours family reunions.
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