3 Nov 2011
DOMINGO DANIEL L v. COMMISSIONER OF REGISTRATION AND ANOTHER
- Citation
- DOMINGO DANIEL L v. COMMISSIONER OF REGISTRATION AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCAL128/2010
The Tribunal erred in law in holding the applicants estopped to assert ordinary residence earlier than 14 November 2007 because it failed to identify or apply any recognized estoppel doctrine and promissory estoppel/estoppel by representation were not established on the facts; accordingly Mr Domingo's judicial review succeeds on that ground. Separately, Mrs Domingo's presence in Hong Kong during the critical period included periods of unlawful/tolerated stay which, as a matter of law, cannot count as ordinary residence and thus broke the required continuous seven year period prior to 4 March…