Joseph Gutierrez, 17, the son of a Filipino domestic worker, was born and raised in Hong Kong but his application for permanent residency was denied in 2008. His mother, Josephine Gutierrez, challenged the Immigration Department’s decision in court, and yesterday the Court of Final Appeal ruled against her in a unanimous decision. Previously, two lower courts had also ruled against her.
The five judges said that there was insufficient evidence that Hong Kong was Gutierrez’ permanent home. Domestic workers are not allowed to apply for permanent residency regardless of how many years they’ve worked in Hong Kong. Other foreign employees in Hong Kong can apply for permanent residency status after living in Hong Kong for seven years.
Mark Daly, the teenager’s lawyer, said Gutierrez had not lived anywhere else in the world, and that he is surprised that the court still ruled against him despite that fact.
The LA Times covered the story, with Benjamin Haas writing that “a Hong Kong court has ruled that [Josephine Gutierrez] doesn’t have the right to permanently settle in the city she has called home since 1991″.
Sources: The Standard, LA Times, SCMP
Photo: Alex Hotz/Coconuts Hong Kong
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