The High Court rejected a judicial review on Wednesday filed by a former Filipina maid who wanted to challenge an Immigration Department order to deport her.
Lilibeth Betalac Belandres and her eight-year-old son filed a judicial review in 2014 against the department’s order for the mother to leave Hong Kong, Oriental Daily reported.
The court heard that Belandres worked in Hong Kong as a domestic worker since 1993 but her employment contract was terminated in 2009 because she was pregnant.
Her son was born in September 2009 but she broke up with her local boyfriend later that year.
The family court ruled that Belandres should have custody of her son, but the ruling was later revised after the father’s request that their son had to stay in Hong Kong.
Throughout the years Belandres has relied on Comprehensive Social Security Assistance (CSSA) payments for her son and alimony from her former boyfriend.
But in 2013 the Immigration Department rejected Belandres’ request to stay in the city to take care of her son until he turns 18 and later issued an order for her to be deported. A year later, the mother and son sought a review to challenge the department’s decision, Sing Pao reported.
High Court Judge Thomas Au said that there were similar judicial review applications in the past and legal principle had been established.
Au said the applicants’ arguments, including that the department’s decision contravened the rights of family unity and that the department had not exercised discretion were not valid.
Au noted that the ruling by the family court said if Belandres leaves Hong Kong, her ex-boyfriend had told the court he would take care of the boy.
Au argued that the Immigration Department’s decision was not unreasonable.
she can stay if magpakasal cla para magkaroon sya ng dependant visa
Ikr ????
Why not the mother apply to work as a domestic helper to have a visa. So many Filipina domestic helpers here and their sons/daughters stay with them. I have a friend here. She is a domestic helper and the daughter stays with her. The daughter studies here and they stay in a boarding house.
Sad to knows that marami kc nagpapaanak Habol mag residente me asawa lalake
Case to case basis i think…
Thats not true my son was born in Hk year 2010 and wrotten bottom part of his birth certificate unestablished meaning there is NO RIGHT TO ABODE,Laws has been changed those,who borned under year 1995 has no right to be permanent resident.Nandito parin ang anak ko pro its under my visa as DHelper…Immigration.granted him to stay as along as may amo ako at the age of 11 grant for HK ID like us parin not a PR..
Lee Edmond the topic is about a person not a dog ok…crazy
Cecilia Gavina that’s what I said. May nag comment kc before dito na hindi yata binasa bago nag comment kaya yan ang sinabi ko.
Talagang hindi puwede sa nanay ang mag stay dahil di nga sila kasal, yan ang law nila dito.. Ang bata puwede kasi inako ng ama na alagaan siya
That’s not what they meant Mr Lee, mother of the child was asking permission to the immigration department that they allow the mother of the child to stay in hk to take care of her child. But immigration rejected her application of stay in hk.
My dog was Hk permanent resident
stay in Hk and asking for govt support until his son reach 18yrs old. nice.
Pag ung tatay o nanay ng bata ay pinanganak ng Hong Kong authomatic ung bata ay Hong Kong resident at pwede nya maging dependant ung parent nya n Hindi Hong Kong resident after 18 yrs old
Sabi po local.. ibig sbhin Hongkongnese UNG lalaki
Hindi talaga pwedeng mag stay yon Nanay dito sa hk Kung wala ng visa at hindi nya pwedeng Gamitin yon bata para mag stay cya dito to take care of his child kailangan magkaroon cya ng visa para maalagaan nya yon anak nya…
Continues 7 years stay in hk pwede nang I apply yon bata
18yrs old
mga ilang taon po ang bata bago maiapply ng hk resident?
Bakit ganun,ano bng lahi ang ama,,,anu b yan
Sad????????????