A son of a Filipino domestic worker, who was born-and-raised in Hong Kong, has lost his fight for permanent residency. Five judges at the Court of Final Appeal agreed unanimously that Joseph James Gutierrez, 17, does not qualify for permanent residency under Article 24 of the Basic Law.

His mother, Josephine Gutierrez, has worked in Hong Kong as a helper since 1991. Joseph had been present in the city for more than 7 years, with only short gaps as he visited the Philippines. The judges said that he did not meet the criteria for being “ordinarily” resident.

His lawyer, Gladys Li, told the court earlier this month that her client “was evidently living in Hong Kong. He was ordinarily living in Hong Kong.” Gutierrez was also learning Chinese and Cantonese, according to Hong Kong News.