Immigration orders Australian nun: Leave in 30 days

MANILA, Philippines — The Bureau of Immigration (BI) has revoked the missionary visa of 71-year-old Australian nun Patricia Fox, compelling her to leave the country within 30 days.

BI commissioner Jaime Morente said their board of commissioners issued the order last Monday after finding that the nun violated the terms and conditions of her visa by joining protest rallies.

“She was found to have engaged in activities that are not allowed under the terms and conditions of her visa,” explained Morente.

“We direct Fox to leave the Philippines within 30 days from receipt of this order,” read the one-page order signed by Morente and Associate Commissioners J. Tobias Javier and Aimee Torrefrance-Neri.

Citing Section 9 (g) of the Immigration Act, the BI stressed that the nun’s missionary visa gave her the privilege to engage in missionary work only and not in political activities.

The visa of Fox is supposed to expire on Sept. 5.

Apart from cancellation of her visa, the bureau also ordered the deactivation of her alien certificate of registration.

While the BI ordered the nun to leave the country, the BI clarified that she could still return by applying for a tourist’s visa.

BI spokesperson Antonette Mangrobang pointed out that the deportation proceedings against Fox would continue despite the order.

She said the nun still has to submit her counter-affidavit before the bureau resolves the deportation case against her.

The camp of Fox immediately questioned the BI order.

Her lawyer Jobert Pahilga said they would first file a motion for reconsideration before the BI to dispute the findings.

If the appeal is denied, he said they would then elevate the case to the Court of Appeals (CA) and to the Supreme Court (SC) if needed.

“We can go to the CA or the SC to question because where there is abuse of discretion apparently on the part of Immigration because they themselves did not follow the earlier April 17 order of BI commissioner Morente giving Sister Patricia Fox 10 days to file her counter-affidavit,” Pahilga explained.

The lawyer said that there should have been a hearing before the BI decided to forfeit Fox’s missionary visa, stressing that his client has the right to due process of law even if she is a foreigner.

Fox, an advocate of land reform, was arrested by BI agents last April 16 for allegedly joining protest rallies against the government. She was released the following day for further investigation.

The Palace has presented a photo taken last April 9 showing Fox speaking at a rally organized by the Kilusang Mayo Uno and Gabriela party-list in front of the local Coca-Cola factory in Davao City, Duterte’s hometown where he served as mayor for more than two decades.

Presidential spokesman Harry Roque said this could be proof that the nun violated the rule barring foreign participation in political assemblies.

He said this was also not the first time that Fox was taken into custody for political activities in the country, citing an incident in 2013 in which she was detained for speaking at a rally at Hacienda Luisita in Tarlac.  

Malacañang said the forfeiture of the nun’s missionary visa was forthcoming because she participated in political activities.

Roque reiterated that Fox has no reason to stay longer in the Philippines because she violated the terms of her visa twice already.

“We stand by the Bureau of Immigration’s order to forfeit Sister Patricia Fox’s privilege of holding a missionary visa and to leave the Philippines,” Roque said.

He said the proper agencies conducted an investigation which showed that the Australian missionary violated the terms and conditions of her visa. “Consequently, the same must be forfeited,” he added.

BI order hit

The Commission on Human Rights (CHR) yesterday slammed the decision of the BI to forfeit the missionary visa issued to Fox. 

CHR chairman Chito Gascon called on the government to respect due process in handling the case of Fox, who was accused by the Duterte administration of taking part in political activities in violation of immigration rules. 

“As we had previously stated: foreign visitors are entitled to the full respect of their universal rights,” he said. 

“In this particular instance, Sister Fox is also entitled to due process and a competent review of that decision before it is enforced,” he added. 

CHR spokesperson Jacqueline de Guia said the commission is saddened by the decision, noting that the BI has yet to provide reasonable justification for the previous arrest of Fox. 

“We continue to call for a balance between protecting the human rights of all and the interest of the nation,” said De Guia. 

According to Gascon, the CHR investigation on the case of Fox will continue despite the BI order for her to leave the country within 30 days.

Opposition senators denounced the move of the Duterte administration to deport Fox, which they viewed as another demonstration of the harassment of the voices of dissent in the country.

Sen. Paolo Benigno Aquino IV said the administration, in deciding to deport Fox, turned a blind eye on the work of the nun in the country for several years to help poor Filipinos.

“Now, more than ever, we need our laws to protect the rights of people willing to stand up to power and speak out against injustices,” he added.

Sen. Francis Pangilinan, president of the Liberal Party, said the deportation of Fox is “most deplorable.”

Sen. Risa Hontiveros said the deportation of Fox is not only outrageous, but also unbelievable.

Sen. Panfilo Lacson noted the Bill of Rights, under the equal protection clause in the Constitution, “does not distinguish between foreigners and citizens of the Philippines.”

“However, there is an existing jurisprudence that allows the executive branch through the Bureau of Immigration to impose limitations on certain activities of foreigners that are inimical to the interest of the state, and that is what the government has applied in the case of Sister Patricia Fox,” Lacson said.

The Bagong Alyansang Makabayan (Bayan) yesterday denounced the BI’s deportation order against the Australian nun.

“The BI wishes to expel a 71-year-old nun who has done so much for the Philippine farmers in her nearly three-decade stay here,” Bayan secretary-general Renato Reyes said in a statement.

“The BI desperately tries to portray Sr. Pat as an undesirable alien intervening in domestic affairs, even as many Filipinos have actually expressed support and appreciation for her work here.” – With Janvic Mateo, Christina Mendez, Marvin Sy, Elizabeth Marcelo