MANILA, Philippines — The Bureau of the Immigration has ordered the deportation of Australian missionary Patricia Fox, who caught the ire of President Rodrigo Duterte.
According to the 10-page resolution issued by the Immigration, Fox shall remain under the bureau’s watchlist and would only be removed upon actual deportation.
Fox’s lawyer Ma. Sol Taule said the Australian nun has already received the order.
Duterte on April 19 said he is taking full responsibility for the investigation into Fox. In his later speeches, the firebrand leader lashed out at the 71-year-old nun and said she has a “shameful mouth.”
On April 25, the Immigration forfeited Fox’s missionary visa, citing her “involvement in partisan political activities.” The board cited the photo of Fox holding a placard calling for the release of all political prisoners in the country in its decision to affirm the forfeiture of her visa.
But the Department of Justice, on June 18, granted Fox’s appeal to reverse the Immigration’s revocation of her missionary visa and leave order.
Guevarra, in a statement, said existing immigration laws do not allow “what the BI did in this case.”
While the justice chief agreed with the Immigration’s contention that a visa is a privilege, he asserted that the bureau could not simply create new grounds to withdraw a visa already granted to a foreigner.
Guevarra ordered the Immigration to determine whether the charge and the evidence against Fox qualify for a visa cancellation case.
Duterte has 'plenary power to deport'
The Immigration, in its fresh resolution, said: “To allow respondent Fox to participate in political rallies or activities would open floodgates for other aliens unbridled right to criticize government by joining rallies to the detriment of public peace and order.”
“Verily, there are other ways for foreigners to criticize government as part of their freedom of expression other than joining unruly rallies and protests,” the resolution further read.
The Immigration also said that it has “taken judicial notice” that Duterte has branded Fox as an “undesirable alien by joining political rallies.”
This, the bureau said, is the president exercising his “plenary power to expel or deport an alien for being undesirable.”
The Immigration said that this is a power granted to the president as provided by the Administrative Code of 1987.
“As the administrative alter-ego of the President in deportation cases, the actions of the Commissioner of Immigration relative to the arrest and detention of undesirable aliens are, unless reprobated or disapproved by the President, presumptively the acts of the President,” the resolution read.
Fox’s lawyer said in a message to reporters that they would appeal the ruling and that they are currently studying the resolution.
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