Fateh Muhammad v Commissioner of Registration information
Fateh Muhammad v Commissioner of Registration
Court
Court of Final Appeal, Hong Kong
Full case name
Fateh Muhammad v. Commissioner of Registration and Registration of Persons Tribunal
Decided
2001-07-20
Citation
[2001] 2 HKLRD 659
Transcript
Full text of judgment
Case history
Prior actions
Commissioner for Registration v. Registration of Persons Tribunal and Fateh Muhammad, HCAL 40/1999 Commissioner for Registration v. Registration of Persons Tribunal and Fateh Muhammad, CACV 272/1999
Court membership
Judges sitting
Andrew Li, Kemal Bokhary, Patrick Chan, Gerald Nazareth, and Anthony Mason
Fateh Muhammad v. Commissioner of Registration and Registration of Persons Tribunal was a 2001 case in the Court of Final Appeal, Hong Kong by a Pakistani migrant seeking the right of abode in Hong Kong. The case concerned provisions of the Immigration Ordinance requiring that a non-Chinese national's seven years of "ordinary residence" qualifying him to apply for permanent residence immediately precede his application. The unanimous opinion, written by Justice Kemal Bokhary (himself of Pakistani background), ruled that those provisions were not inconsistent with the Hong Kong Basic Law. The ruling in the case temporarily disqualified the appellant from applying for permanent residency, though he was expected to qualify again a few years later.
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