10 Nov 2011
GUTIERREZ JOSEPH JAMES, a minor v. COMMISSIONER OF REGISTRATION AND ANOTHER
- Citation
- GUTIERREZ JOSEPH JAMES, a minor v. COMMISSIONER OF REGISTRATION AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCAL137/2010
The Court dismissed both judicial review applications: it held the Tribunal lawfully and reasonably found the mother failed the permanence requirement because she did not demonstrate objective concrete steps to make Hong Kong her sole permanent residence, and the child could not satisfy permanence independently and his periods of absence were not capable of being treated as continuous ordinary residence because permissions expired under s.11(10). The Tribunal's reasons were adequate and within the Director/Tribunal's primary remit and not irrational on the enhanced Wednesbury standard.