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Pinay claiming death threats from creditors fails to stop deportation order

06 December 2018

Bansiles failed to bring her case to the Court of Final Appeal
By The SUN

A Filipina former domestic worker who claims to be in deathly fear of her creditors has failed in her bid to go to Hong Kong’s highest court to seek a judicial review of Immigration’s decision to deport her.
In its written judgment issued on Dec. 3, the Court of Appeal said Jamaicha Bansiles’ application failed to set out any question for determination by the Court of Final Appeal.

Justices Peter Cheung, Carlyle Chu and Aarif Barma noted that leave to go to the Court of Final Appeal may be granted only if the question involved was of great general or public importance.

Bansiled had filed her leave to apply for a new leave to appeal on Oct 3, or just a week after the CA ruled that there were no reasons to disturb Judge Bruno Chan’s rejection of her grounds for the intended judicial review.

The CA said Bansiles’ claim was not reasonably arguable and had no prospect of success.

Among Bantiles’ claims was that the Director had ignored “overwhelming evidence of violence against minorities,” that he had been biased, and had relied merely on country of origin information and not on her actual situation.

Bansiles, who came to Hong Kong in November 2006 to work as a domestic worker, remained and overstayed her visa after she was fired in April 2007. She was arrested by the police on Mar 15, 2009.

She filed a torture claim in 2009, but the director rejected it in October 2012 and her appeal to the Torture Claims Appeal Board was refused in February 2013.  But on Oct 17, 2014, the Court of Appeal allowed a judicial review and her torture claim was sent to the director for reconsideration.

Bansiles said she feared she would be harmed or killed by two people for failing to repay loans.

On Jan. 6, 2017 the Immigration director rejected Bansiles’ claim, after deciding that the risk of harm from her creditors was low. She appealed to the TCAB, but the board also refused her claim, so she went to the High Court.

On Mar 9 this year, Judge Chan dismissed the application saying the grounds were not properly supported and he was not satisfied a judicial review would succeed. 

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