Gay partners cannot challenge denial of dependant visas, Hong Kong Court of Appeal hears
Case relates to an appeal by lesbian QT, who was denied a visa by the director of immigration; the three judges reserve their judgment in the landmark case
Gay partners cannot challenge the denial of dependant visas for Hong Kong so long as they accept the government is entitled not to recognise same-sex marriages, a government lawyer argued in a landmark Court of Appeal hearing on Friday.
The court heard QT was denied a visa after the director found her civil partnership fell outside the definition of “spouse” in Hong Kong, which refers only to a person in a monogamous and heterosexual marriage.
Carss-Frisk said the director could not be criticised or castigated for acting unlawfully in drawing the line at marriage as understood in local law when the non-recognition of gay unions provided a powerful justification.
“At the moment what really stands in the way of QT is that same-sex marriage is not recognised here,” she said. “Rights go with marriage, and the denial of rights go with denial of marriage. If the state is entitled to deny access to marriage, then it goes with it the state is entitled to deny rights of marriage.”
She added that one could not challenge the denial of rights attached to marriage if one did not challenge the constitutional position in Hong Kong.