VALLEJOS EVANGELINE BANAO, ALSO KNOWN AS VALLEJOS EVANGELINE B. v. COMMISSIONER OF REGISTRATION AND ANOTHER

VALLEJOS EVANGELINE BANAO, ALSO KNOWN AS VALLEJOS EVANGELINE B. v. COMMISSIONER OF REGISTRATION AND ANOTHER

The residence of FDHs is qualitatively distinct because of the restrictive immigration and employment regime tying stay to short‑term contracts, prohibiting settlement and dependants and requiring return to origin; as a class FDHs are not "ordinarily resident" for the seven‑year qualification in Article 24(2)(4),...

Source-derived case information.

Citation
VALLEJOS EVANGELINE BANAO, ALSO KNOWN AS VALLEJOS EVANGELINE B. v. COMMISSIONER OF REGISTRATION AND ANOTHER
Parties
Applicant (appellant): Vallejos Evangeline Banao; Applicant (appellant): Domingo Daniel L.; 1st Respondent: Commissioner of Registration; 2nd Respondent: Registration of Persons Tribunal
Court
Court of Final Appeal
Jurisdiction
Hong Kong
Judgment Date
25 March 2013
Case Number
FACV19/2012
Procedural Posture
Final Appeal (civil) / Judgment
Outcome
Appeals dismissed
Legal Topics
Right of Abode, Ordinary Residence, Foreign Domestic Helpers, Basic Law Interpretation, Article 158 Reference
Source Language
en
Constitutional Law Immigration Law Administrative Law Right of Abode Ordinary Residence Foreign Domestic Helpers Basic Law Interpretation Article 158 Reference

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 13 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Vallejos Evangeline Banao

Applicant (appellant)

Domingo Daniel L.

Applicant (appellant)

Commissioner of Registration

1st Respondent

Registration of Persons Tribunal

2nd Respondent

Procedural Posture

Final Appeal (civil) / Judgment

Legal Issues

  1. 1 Whether section 2(4)(a)(vi) of the Immigration Ordinance is inconsistent with Basic Law Article 24(2)(4)
  2. 2 What is the proper meaning of "ordinarily resided" in Article 24(2)(4)
  3. 3 Whether foreign domestic helpers (FDHs) qualify as ordinarily resident for the seven-year requirement

Ratio Decidendi

The residence of FDHs is qualitatively distinct because of the restrictive immigration and employment regime tying stay to short‑term contracts, prohibiting settlement and dependants and requiring return to origin; as a class FDHs are not "ordinarily resident" for the seven‑year qualification in Article 24(2)(4), thus section 2(4)(a)(vi) is consistent with Article 24(2)(4) and constitutional.

Court Disposition

Appeals dismissed

Orders

  • Appeals dismissed.
  • Any submissions as to costs to be lodged in writing within 14 days of date of judgment and any replies within 14 days thereafter.