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Four more Pinoy overstayers lose bid to stop deportation

20 July 2019

By The SUN

A High Court judge rejected all 4 applications by Filipinos to stop being sent back home

Four Filipinos, three of them women, have become the latest group of asylum-seekers to lose their bid to fight off deportation from Hong Kong.

The lone male in the group, Enrico K. Reyes, has overstayed in the city for more than 13 years. Court of First Instance Judge Bruno Chan denied his application for leave for a judicial review of the Immigration director’s decision rejecting his application for non-refoulement (or non-deportation) on Feb 6, 2017.

The next day, CFI Judge K.W. Lung also dismissed similar applications by Maricar T. Villano, Rosemarie O. Padaco and Immaculada T. Millan.

Reyes, 54, visited Hong Kong on Nov 12, 2005 and never left despite having permission to stay for only 14 days. A
After his arrest on Oct 17, 2008, he applied for non-refoulement, saying a certain JA, an alleged New People’s Army guerilla, threatened to kill him for canceling a PhP200,000 land sale.
Chan said Reyes had not given the court any additional facts or representation that could justify his claim of being entitled to protection under Hong Kong’s Bill of Right. The judge also said he was not satisfied that there was any prospect of success in Reyes’ application.

In her application, Villano claimed she would be harmed or killed by a man who lent her PhP200,000 to get a job as a helper in Hong Kong because she could not pay him back after she was fired. Fearing for her life, she claimed to have returned to Hong Kong as a visitor in late July 2014 but overstayed. She applied for non-refoulement but was rejected on Jan 22 last year for the reason that her claim was not substantiated.

Villano appealed to the Torture Claims Adjudication Board but this was also dismissed in May last year.

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Her application for leave was dismissed by Judge Lung who said she did not have a reasonable chance of success in pursuing her claim.

Padaco, a visitor who arrived on Feb 24, 2011, overstayed and was arrested by police on Apr 18 that year. She filed a torture claim two days later but when the director rejected it on Nov 24, she disappeared. She was re-arrested, but promptly applied for non-refoulement on Apr 24, 2013.

Her excuse was that a mayor’s son who had killed her nephew in a roadside accident had threatened her life after she refused a bribe meant to stop her telling the police about the incident.

The director dismissed her claim for being unsubstantiated, so she appealed to the TCAB. Her appeal was also rejected so she applied for leave for judicial review. As in the other cases, Judge Lung said her application had no reasonable prospect of success.

For the same reason, the judge refused Millan’s bid for leave.

Millan came twice to Hong Kong to work as a domestic helper but was forced to return home after being fired.
She returned as a visitor in July 2016 but overstayed. She surrendered to Immigration on Jul 25 that year, and immediately asked for non-refoulement, saying she would be killed by a man for failing to repay a loan.
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