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Comilang v Commissioner of Registration
''Comilang v. Commissioner of Registration'' was a 2011–2013 case against the Hong Kong Immigration Department by a former foreign domestic helper (Milagros Tecson Comilang) who is the sole custodial parent of a child (Zahrah Noor Ahmed) who has permanent residence status in Hong Kong. Comilang sought to challenge her own removal from Hong Kong on, ''inter alia'', the grounds that it would effectively force Ahmed to leave Hong Kong and thus deprive her of all of the benefits she should enjoy as a Hong Kong permanent resident. The ruling against the applicants in the Court of First Instance had wider legal significance, as it established that neither the International Covenant on Economic, Social and Cultural Rights nor the Convention on the Rights of the Child are incorporated in Hong Kong law.
The applicants won a minor victory in May 2013 when the Court of Appeal quashed the decision of the Immigration Department denying a visa to Comilang on procedural grounds and ordered fresh consideration of her application for stay; however, this is not likely to result in Comilang's being granted a residence visa, and thus further legal challenges are expected.
==Background==
The first applicant, Milagros Tecson Comilang, is a native of the Philippines. She came to Hong Kong in 1997 to work as a foreign domestic helper, and continued in that line of work until 13 July 2005. After leaving employment as an FDH, she got married to Shaker Ahmed, a Pakistani national and Hong Kong permanent resident. Her husband then sponsored her to apply for a dependent visa. In 2006, while her application remained pending, her daughter Zahrah Noor Ahmed (the second applicant) was born. However, the marriage broke down when she discovered that her husband Shaker Ahmed was already married, and Ahmed withdrew his sponsorship of her application.
The Family Court awarded Comilang custody of her daughter; however, the Immigration Department ordered Comilang to depart from Hong Kong.〔〔 and , cited in .〕 In 2007, Comilang requested leave to seek judicial review against the Immigration Department's order, but Judge Michael Hartmann of the Court of First Instance denied leave. Comilang later applied to the Commissioner of Registration for issuance of an identity card, as well as for permission from the Director of Immigration to extend her stay in Hong Kong, but was refused both times. She appealed to the Registration of Persons Tribunal, which ruled against her in June 2010.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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