Lesbian expatriate wins landmark appeal against Hong Kong Immigration Department to secure spousal visa

Lesbian expatriate wins landmark appeal against Hong Kong Immigration Department to secure spousal visa

In their 68-page judgment, reached unanimously, three appeal court judges said the department had failed to demonstrate the visa scheme had been put in place rationally.

“The director [of immigration] has therefore failed to justify the indirect discrimination on account of sexual orientation that QT suffers,” Justice of Appeal Jeremy Poon Shiu-chor wrote. Chief Judge of the High Court Andrew Cheung Kui-nung and the vice-president of the appeal court, Mr Justice Johnson Lam Man-hon, agreed.

QT moved to Hong Kong in late 2011 with her same-sex partner, known as SS, who works in the city.

She applied for a judicial review after the department rejected her application for a dependant visa, saying it did not recognise same-sex marriage.

The judges asked both QT and the department to work out an arrangement in accordance with the judgment and submit a proposal within 28 days.

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