Australian Immigration Minister Philip Ruddock himself said during questioning by the Australian Parliament on June 3 that Tan was given Australian citizenship after he signed a declaration that he did not have any criminal convictions and that he was not facing any criminal charges.
Justice Undersecretary Merceditas Gutierrez said the Philippine government will have to work for Tan’s return as he has to face charges filed on Dec. 18, 2000 for violation of the Revised Securities Act for the Best World Resources Corp. (BW) scandal.
The Pasig City Regional Trial Court has issued three warrants of arrest for Tan in connection with the BW scam.
The charges stemmed from a complaint filed by officials of the Securities and Exchange Commission with the DOJ against several persons, brokerage houses and corporations, for "employing manipulative devices and schemes" to boost the BW stock.
Tan surrendered on Dec. 20, 2000 and posted bail of P120,000. On Feb. 2, 2001, he asked the court’s permission to leave the country to attend a business meeting in Hong Kong on Feb. 14 to 18. However, after the Pasig court granted his motion to leave the country on Feb. 13, 2001, the DOJ issued a hold departure order against him.
Tan’s co-accused, BW Resources Corp. president Eduardo Lim Jr. and private investor Jimmy Juan, also surrendered and posted P40,000 bond each. They all pleaded not guilty when arraigned on Jan. 16, 2001.
Gutierrez said Tan’s Australian citizenship will not be an obstacle for his extradition as long as the evidence will warrant his return to the Philippines.
The Philippines and Australia signed an extradition treaty on March 7, 1988, which was ratified on Sept. 10, 1990.
Ruddock earlier ordered an inquiry into a report by the Sydney Morning Herald that a donation was made to his re-election fund by Tan. The paper said that donation of A$10,000 (US$6,500) was made by Tan to Ruddock’s 2001 Liberal Party re-election fund.
Ruddock admitted to the Australian Parliament that his department processed Tan’s application for Australian citizenship but the Filipino fugitive, at the time of his application, had satisfied the criteria to be eligible for citizenship, including Australian police checks.
Ruddock also explained that all business migrants to Australia, like Tan, are monitored for three years after their arrival to assess whether they are making genuine efforts to engage in business.
According to the Immigration Minister, Tan did not provide an initial contact address in Australia as required and his department’s notices to him were returned and all were marked "Left this address."
"In the absence of any information about Mr. Tan’s business activities, Mr. Tan’s visa was canceled on Sept. 5, 2001. Notices of cancellation were sent to the same address and again, returned to sender with the envelope marked ‘Left this address,’" Ruddock said.
Subsequently, Tan’s visa was canceled in November but he filed an appeal with the Administrative Appeals Tribunal providing a completed business skills monitoring survey to Ruddock’s department, which details his business activities.
"Key elements of these details were confirmed with the Australian Securities and Investments Commission. On the basis of this new information and the error of notification of cancellation, my department vacated the decision to cancel Mr. Tan’s visa, as he had met his business requirements," Ruddock said.