A HONG KONG born and raised son of a Filipino maid has lost his bid for permanent resident status after the city’s top court dismissed his appeal of an Immigration Department decision.

    Joseph James Gutierrez, 17, was born to Josephine Gutierrez in Hong Kong in December 1996 and has lived with his mother in the city ever since, apart from a few short breaks in the Philippines.

    Josephine Gutierrez has worked as a maid in Hong Kong since 1991.

    The Court of Final Appeal’s five judges unanimously found that the mother and son had failed to prove that Hong Kong is their place of “permanent residence.”

    Proof of permanent residence is a requirement for qualifying as a permanent resident under Article 24 of the Basic Law.

    The judges wrote that a child or young adult who is not a Chinese national but was born in Hong Kong, and who wanted to apply for permanent residency before the age of 21, had to meet the criteria according to the Basic Law.

    The Immigration Department and the courts would consider the applicants’ individual circumstances, or any arrangement made by themselves, their parents or legal guardians.

    Joseph Gutierrez had argued that he met the requirement of being ordinarily resident in Hong Kong for a period of not less than seven years. (SD-Agencies)