Filipino couple take their residency fight to court

A Filipino couple fought in court yesterday for their right of abode, in the first case following the victory of a domestic helper last month.

The judicial review at the Court of First Instance was brought by Daniel and Irene Domingo, who have been living in Hong Kong for 26 and 29 years respectively, with three children born here.

The couple are challenging the Commissioner of Registration's decision to reject their application for permanent identity cards in August 2008 and the decision by the Registration of Persons Tribunal to dismiss their appeal in June 2010.

At issue is whether the couple's acceptance of an offer of unconditional stay meant they have to accrue their period of ordinary residence only after November 2007, ignoring their previous stay in Hong Kong.

The case came after a judgment last month that found in favour of domestic helper Evangeline Banao Vallejos and ruled unconstitutional an immigration provision that excludes foreign domestic helpers from being 'ordinary residents' in Hong Kong.

The court heard yesterday that the Immigration Department offered the unconditional stay to the Domingos in exchange for the couple withdrawing an appeal against a Commissioner of Registration's decision to refuse their first right of abode application filed in 2006.

Gladys Li, for the couple, suggested the offer was made because the government did not want the Immigration Ordinance to be challenged.