10 Nov 2011
GUTIERREZ JOSEPHINE B. v. COMMISSIONER OF REGISTRATION AND ANOTHER
- Citation
- GUTIERREZ JOSEPHINE B. v. COMMISSIONER OF REGISTRATION AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCAL136/2010
The Tribunal and the court held the mother failed the permanence requirement because she did not demonstrate objective concrete steps directed to making Hong Kong her sole permanent residence prior to the VEPIC application; the child's entitlement must be assessed by reference to the primary carer (the mother) and accordingly the child also failed permanence; gaps in the child's presence triggered s.11(10) so permissions expired and broke the required seven‑year continuous ordinary residence; applying the enhanced Wednesbury standard the court found no irrationality warranting intervention an…