A Nepali man who was unsuccessful in his request to stay in Hong Kong as a dependant of his SAR-born wife has been allowed to seek a hearing to argue his case against the Director of Immigration.
Gurung Bhakta Bahadur entered Hong Kong in August 1998 to visit his wife. But after a few days, Mr Bahadur applied for a change of his immigrant status, seeking to remain in Hong Kong as his wife's dependant.
The director refused his application in July 1999 on the basis that he was not satisfied Mrs Bahadur could support her husband to a reasonable standard of living or that Mr Bahadur was even a genuine dependant.
Mr Bahadur appealed to the Chief Executive in Council but was again unsuccessful and found he was barred from pursuing a judicial review.
The Government argued because he lodged an objection with the Chief Executive, he was not entitled to a judicial review.
But Mr Justice Michael Hartmann in the Court of First Instance yesterday dismissed the Government's defence.
