7 Jun 2013
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 Appeal
- Case number
- CACV22/2012
Although the Tribunal erred in adopting a rigid rule equating the child's permanence and ordinary residence with the mother's, on the facts the mother had not taken concrete steps to make Hong Kong the child's sole permanent home and the child had no lawful, continuing permission to reside that would sustain seven years continuous ordinary residence; multiple‑entry visas did not secure a right of re‑entry; accordingly the appellant failed both the permanence and continuous residence requirements and the appeal was dismissed.