Vallejos v Commissioner of Registration
Vallejos and Domingo v. Commissioner of Registration was a court case against the government of Hong Kong by two foreign domestic helpers (FDHs) seeking permanent residence and the right of abode in Hong Kong. Because of its subject matter it was commonly referred to in the media as the FDHs' right of abode case (外傭居港權案). Evangeline Vallejos and Daniel Domingo were two of five applicants who in various groups filed three right of abode lawsuits in 2010; the ruling in Vallejos' case was expected to be a precedent for the other two.
Vallejos v Commissioner of Registration
Vallejos and Domingo's appeal came before the CFA on 26 February 2013, in a hearing that would last for three days. Fordham's arguments focused on the constitutionality or lack thereof in the use of a "blanket exclusion" to prevent all people belonging to certain classes of residents from falling within the definition of "ordinarily resident" and thus eventually becoming entitled to apply for right of abode. Pannick discussed the legislature's power to define terms used in the Basic Law; he stated that foreign domestic helpers "don't form part of the permanent population" and thus it was legitimate for lawmakers to create a legislative definition of "ordinarily resident" which excluded them. The hearing concluded on schedule. On 25 March 2013, the CFA issued its judgment that the restrictions on FDH's residence and employment in Hong Kong meant that they did not fall within the definition of "ordinarily resident" for immigration purposes; the judgment did not refer to the 1999 NPCSC interpretation, and thus with no Article 158 issues at hand, the CFA rejected the Government's request for the matter to be referred to the NPCSC for further interpretation.