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Overstayer fails to get leave to stop looming deportation

19 June 2019

Judge said the Philippines has no pattern or mass violation of human rights


By The SUN
 
A Filipino tourist has failed in his attempt to get the High Court to grant him leave for a judicial review of the Hong Kong government’s decision to reject his application for non-refoulement, or against being sent back home.

Manuel Doctor was the latest in a long list of Filipino applicants who failed to convince the court to allow a review of the Immigration Director’s decision denying them permission to stay.

Judge K.W. Lung said in his decision dated Jul 17 that the application had no reasonable prospect of success.
Doctor had argued that the Director failed to give credence to his claim that he would be harmed or killed by a drug trafficker if he was sent back home.

The applicant came to Hong Kong on Jun 27, 2016 as a visitor did not leave at the end of his two-week permit to stay. On Jul 14, 2016, or three days after he overstayed he surrendered to Immigration then filed for non-refoulement.

In statements he submitted to Immigration and the Torture Claims Appeal Board, Doctor said he met a certain drug trafficker named Jonjon Andrada who allegedly threatened to kill him if then candidate Rodrigo Duterte won the presidential election.
Since Duterte was elected President in May that year, Doctor said he decided to come to Hong Kong out of fear that the drug dealer would make good his threat.


But the Immigration Director found that the legal provisions that allow the granting of non-refoulement were not met in Doctor’s case, including risk of torture or cruel, inhuman or degrading punishment, or persecution.

The Director refused Doctor’s claim on Feb 13 last year. On Jun 22 of the same year, he appealed the decision to the TCAB, However, the board affirmed the Director’s decision.
The board said it accepted the facts cited in Doctor’s claim but found that state protection was available to him; that there was insufficient evidence to show that the state was involved; and that the harm he feared was not among those cited in the Immigration Ordinance.

Further, there was no evidence that the Philippines had a pattern of gross, flagrant or mass violation of human rights.

“This is a clear case that the applicant brought the fear upon himself without any facts or evidence in support of it,” said Lung.

He said four of the grounds Doctor had cited were not supported by evidence, a fifth was inconsistent with what he said before the CFI.
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