The Constitutional Court on Friday agreed with the Supreme Administrative Court in upholding a decision by a lower administrative court to reject an appeal by a Taiwanese woman against a government decision to deny her Vietnamese husband a resident visa.
A Vietnamese-Taiwanese surnamed Nguyen had appealed to the Taipei High Administrative Court when her husband’s application for a resident visa was rejected.
He had applied for a resident visa at the Taipei Economic and Cultural Office in Vietnam to be with Nguyen and their children in Taiwan.
His application was rejected because the authorities suspected that the marriage might not be authentic, prompting Nguyen to take the case to the High Administrative Court in August 2014.
That court rejected Nguyen’s appeal, citing a resolution adopted by the Supreme Administrative Court that such appeals by Taiwanese can be dismissed because a decision to not grant a resident visa to a foreign spouse does not infringe on the Taiwanese subject’s rights.
After the Supreme Administrative Court upheld the lower administrative court’s ruling in July 2015, Nguyen sought an interpretation from the Constitutional Court on the issue.
She argued that the administrative court was incorrect in saying she did not have the right to file a suit, and the decision contravened her right to marry and form a family.
The Constitutional Court said that a Taiwanese spouse of a foreign national has no standing in such a case, as decisions regarding visas and other entry documents for foreign passport holders only involve the applicant.
The Constitutional Court said that the Supreme Administrative Court’s ruling on Nguyen’s case did not contravene her right to marry or litigate the matter, as guaranteed by the Constitution.
Anyone whose rights or legal interests are undermined by a government agency’s decision is entitled to challenge the decision in an administrative court in accordance with the Administrative Litigation Act (行政訴訟法), the Constitutional Court said.
As such, the Supreme Administrative Court’s ruling did not exclude Nguyen from exercising her right to file an appeal with an administrative court, the Constitutional Court said.
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