Filipino maid's son born and raised in Hong Kong loses permanent residency bid

A teenager born and raised in Hong Kong as the son of a Filipino maid has lost his bid for permanent residency after the top court dismissed his challenge to an Immigration Department decision.

A five-judge Court of Final Appeal panel refused the application unanimously, ruling that neither 17-year-old Joseph Gutierrez nor his family had shown enough evidence that Hong Kong was his permanent home.

Gutierrez was born to Josephine Gutierrez in Hong Kong in 1996 and has lived with his mother in the city ever since. He has visited the Philippines on three occasions for a total of 42 days.

Gutierrez and his mother both applied for permanent residency in 2006, but were rejected in 2008. She has worked as a domestic helper since 1991. Their appeal was dismissed in 2010.

Gutierrez's lawyer, Mark Daly, expressed disappointment at yesterday's judgment and said justice had not been done.

"It is remarkable that Joseph made the application when he was 10 and he is now 17," Daly said. "He has not lived anywhere else in the world except some short … holidays. It is quite surprising that the court still finds that Hong Kong is not his permanent residence."