Lesbian’s visa bid rejected by Hong Kong’s High Court
Woman had entered into a civil union in the UK, but judge rules that overseas concepts of ‘spouses’ do not apply in the city
A lesbian has failed in the first legal bid to challenge the Immigration Department’s refusal to recognise same-sex relationships when granting the dependant visas that give spouses the right to live and work in the city.
The Court of First Instance ruled yesterday that overseas concepts of “spouses” – which the woman’s barrister argued should be broader than the wedlock between a man and woman – did not apply to Hong Kong.
It also said it was lawful for the Immigration Department to draw a “bright line” between the married and unmarried, and doing so by no means amounted to discrimination against a person’s sexual orientation.
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The defeat could deal a blow to overseas same-sex couples wishing to work in Hong Kong, a popular city for multinationals relocating staff. Activists said the refusal suggested gay and lesbian couples were not welcome.
“This decision whilst disappointing is not altogether unexpected,” said solicitor Michael Vidler, who represented the lesbian. He and his client had already planned to lodge an appeal.
The case centred on a judicial review filed by a woman identified as QT, who moved to Hong Kong with her same-sex partner, SS, in late 2011.
They entered a civil union in the United Kingdom months before moving to the city, where SS had secured a professional job.