The Department of Justice is expected to release today its resolution on the appeal made by Australian nun Sr. Patricia Fox seeking the reversal of the Bureau of Immigration’s decision ordering her to leave the country.
Justice Secretary Menardo Guevarra revealed that the “DOJ will release the resolution on Monday, June 18, Sister Fox deadline to leave the country.”
In a petition for review filed last May 25, Fox through her legal counsels from the National Union of People’s Lawyers asked the DOJ to reverse the BI’s leave order on May 17, forfeiting her missionary visa due to allegations of violating the conditions of her stay and gave her a temporary visitor’s visa lasting only 30 days.
“There is no factual basis for the downgrading of petitioner’s missionary visa into a temporary visitor’s visa,” she stressed.
“The allegation that she violated the terms and conditions (of her visa are misplaced and unfounded. In the case of the petitioner, there is no mention in the report of the intelligence agents of the BI and even in its assailed order that petitioner’s presence or activities disturbed the peace and order of the country,” the appellant said.
While Fox’s counsels agreed with the BI’s position that a visa is a privilege and not a right given to foreigners, they pointed out “once it is granted by the State, it cannot be revoked except on valid and lawful ground and upon observance of due process of law, both substantive and procedural.”
According to her lawyers, these limitations apply not only to its power to deport foreigners, but also to all the other powers that the BI may exercise such as visa forfeiture or visa cancellation.
Fox expressed hopes that the DOJ will grant her appeal.
“All I can say I’m hopeful this will be given due consideration in the case. Still I’m hopeful,” Fox said.
In its order, the BI dismissed Fox’s arguments that the bureau forfeited her visa without due process and that allegations that she engaged in political activities were not backed with solid evidence.
It reiterated that Fox acted beyond allowed activities under her visa by working outside Barangay Amihan in Quezon City, where she claimed she would render her missionary work when she applied for her visa.
The order likewise stressed that the strict rules on evidence do not apply to immigration cases, which are administrative proceedings requiring only the lowest quantum of evidence.
On April 16, Fox was apprehended by BI operatives pursuant to a mission order issued by Commissioner Jaime Morente for violating the conditions of her stay in the country by engaging in political activities and anti-government demonstrations. Rey E. Requejo