Read the full judgment text of FAMV 000020/2006 on BabelCite. This FAMV judgment was delivered on 28 September 2006 before Chief Justice Li, Mr Justice Chan PJ, Mr Justice Ribeiro PJ.
Immigration – ordinary residence – continuity – leave to appeal – Court of Final Appeal – s.2(6) Immigration Ordinance – Chinese citizen employed in Hong Kong for 6 years 4 months – employment terminated – left and returned with Nauru passport – married Hong Kong resident – claimed permanent residence based on continuous ordinary residence – whether absence from Hong Kong without permission broke continuity of ordinary residence – held: no; ordinary residence ended when employment terminated – subsequent return on false basis did not create continuity – leave to appeal dismissed with costs – applicant to pay costs of 2nd and 3rd respondents – applicant's own costs taxed in accordance with Legal Aid Regulations
Legal issues: Interpretation of ordinary residence under Immigration Ordinance
Outcome: Application for leave to appeal dismissed with costs.
Cited by 6 cases