Taipei [Taiwan], A same-sex couple with one partner from Taiwan and the other from China has begun their second legal battle with Taiwan authorities to legally register their marriage in Taiwan, so that the Chinese couple can legally immigrate there, Taiwan News reported.
A same-sex couple, Ryan and Righ from Taiwan and China, have launched a second legal challenge against Taiwan authorities in a bid to legally register their marriage in Taiwan and allow Chinese couples to immigrate to Taiwan, Taiwan News reported.
Notably, while same-sex marriage is legalized in Taiwan, it is not in China.
The couple submitted their U.S. marriage certificate and other documents needed for immigration, following the same process used for heterosexual couples.
The Taipei High Administrative Court heard opening arguments in a case brought by the couple, Ryan and Righ, on June 27. The couple is challenging the decision of the National Immigration Agency of Taiwan's Ministry of the Interior, which rejected their application for immigration to Taiwan. through marriage for the Chinese spouse.
The couple's application was first rejected in 2021 on the basis that the couple had not provided a marriage certificate from China, Taiwan News reported, citing the Taiwan Alliance for the Promotion of Civil Couples' Rights ( TAPCPR), whose lawyers represent the couple.
In 2022, the couple won a court case against the immigration office, which was ordered to accept their application and process their immigration application. However, the National Immigration Agency refused to follow the court's ruling, citing that regulations for cross-Strait marriages only apply to couples married in Taiwan, not the United States.
The NIA and the Mainland Affairs Council (MAC) argued that there is no legal framework to handle immigration applications of married couples in the United States.
The case returned to court last week, when the couple sought to have their marriage recognized and their Chinese partner's immigration application accepted.
TAPCPR issued a statement after the first hearing last week and accused the immigration department of "discriminating" against same-sex couples. TAPCPR Secretary-General Chien Chih-chieh said Chinese-Taiwanese heterosexual couples married in a third jurisdiction should not be asked to submit Chinese marriage certificates for their immigration applications.
Chien further said that since China has not legalized same-sex marriage, the immigration department's request for a marriage certificate makes successful applications for same-sex couples in this situation too difficult to achieve, he reported. TaiwanNews.
TAPCPR lawyer representing the case, Hsu Hsiu-wen, said the immigration agency has determined that Righ, the Chinese spouse, does not pose any national security concern for Taiwan. Because of this, there is no reason to reject his request, Hsu said.
Hung Yu-ling, a representative of the cross-strait same-sex marriage advocacy organization, has worked with numerous couples from Taiwan and China who cannot live together in Taiwan due to immigration regulations. He stated his hope that the Taiwanese government will eventually recognize the marriage rights of these cross-Strait couples.
Lawyers from the Taiwan Alliance for the Promotion of Civil Society Rights (TAPCPR) announced that the Taipei High Administrative Court will issue a ruling on August 8.
Taiwan legalized same-sex marriage in 2019 and expanded marriage rights to transnational same-sex couples in January 2023. However, due to cross-strait regulations, this decision did not apply to couples from Hong Kong, Macau and China.
A same-sex couple, Ryan and Righ from Taiwan and China, have launched a second legal challenge against Taiwan authorities in a bid to legally register their marriage in Taiwan and allow Chinese couples to immigrate to Taiwan, Taiwan News reported.
Notably, while same-sex marriage is legalized in Taiwan, it is not in China.
The couple submitted their U.S. marriage certificate and other documents needed for immigration, following the same process used for heterosexual couples.
The Taipei High Administrative Court heard opening arguments in a case brought by the couple, Ryan and Righ, on June 27. The couple is challenging the decision of the National Immigration Agency of Taiwan's Ministry of the Interior, which rejected their application for immigration to Taiwan. through marriage for the Chinese spouse.
The couple's application was first rejected in 2021 on the basis that the couple had not provided a marriage certificate from China, Taiwan News reported, citing the Taiwan Alliance for the Promotion of Civil Couples' Rights ( TAPCPR), whose lawyers represent the couple.
In 2022, the couple won a court case against the immigration office, which was ordered to accept their application and process their immigration application. However, the National Immigration Agency refused to follow the court's ruling, citing that regulations for cross-Strait marriages only apply to couples married in Taiwan, not the United States.
The NIA and the Mainland Affairs Council (MAC) argued that there is no legal framework to handle immigration applications of married couples in the United States.
The case returned to court last week, when the couple sought to have their marriage recognized and their Chinese partner's immigration application accepted.
TAPCPR issued a statement after the first hearing last week and accused the immigration department of "discriminating" against same-sex couples. TAPCPR Secretary-General Chien Chih-chieh said Chinese-Taiwanese heterosexual couples married in a third jurisdiction should not be asked to submit Chinese marriage certificates for their immigration applications.
Chien further said that since China has not legalized same-sex marriage, the immigration department's request for a marriage certificate makes successful applications for same-sex couples in this situation too difficult to achieve, he reported. TaiwanNews.
TAPCPR lawyer representing the case, Hsu Hsiu-wen, said the immigration agency has determined that Righ, the Chinese spouse, does not pose any national security concern for Taiwan. Because of this, there is no reason to reject his request, Hsu said.
Hung Yu-ling, a representative of the cross-strait same-sex marriage advocacy organization, has worked with numerous couples from Taiwan and China who cannot live together in Taiwan due to immigration regulations. He stated his hope that the Taiwanese government will eventually recognize the marriage rights of these cross-Strait couples.
Lawyers from the Taiwan Alliance for the Promotion of Civil Society Rights (TAPCPR) announced that the Taipei High Administrative Court will issue a ruling on August 8.
Taiwan legalized same-sex marriage in 2019 and expanded marriage rights to transnational same-sex couples in January 2023. However, due to cross-strait regulations, this decision did not apply to couples from Hong Kong, Macau and China.
