28 Mar 2012
VALLEJOS EVANGELINE BANAO, also known as VALLEJOS EVANGELINE B v. COMMISSIONER OF REGISTRATION AND ANOTHER
- Citation
- VALLEJOS EVANGELINE BANAO, also known as VALLEJOS EVANGELINE B v. COMMISSIONER OF REGISTRATION AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV204/2011
The Court held that article 24(2)(4) does not fix an immutable, exclusive common law definition of 'ordinarily resident' (Shah) for all time; the legislature retains power to define, refine or exclude categories so long as it does not encroach upon the central characteristic of 'ordinarily resident' (i.e. not apply to stays that are objectively 'out of the ordinary' or for a special, limited purpose). Section 2(4)(a)(vi) (excluding foreign domestic helpers) falls within those bounds and is constitutionally valid; therefore the applicant's judicial review fails.