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Court of Appeal rejects mom and daughter’s bid to stop deportation

04 January 2020

No basis to the mother's claim she and her daughter will be killed if they were sent home, says CA

By The SUN

A Filipina domestic helper and her Hong Kong-born daughter have failed in their appeal against a court order denying their application for leave to apply for judicial review of the government’s decision to send them home.

Rosalyn P. and her four-year-old daughter, J.C., had appealed against the decision of Deputy High Court Judge Bruno Chan on Jun 28 last year refusing their application.

But on Dec 27, the Court of Appeal through Vice President M H Lam and Justices Maria Yuen and Carlyle Chu affirmed the lower court’s decision.
The mother and daughter had sought a judicial review of the Immigration director’s decisions on May 12 and Nov 2, 2016 rejecting their claim for non-refoulement, as well as the Torture Claims Appeal Board’s upholding the decisions on Oct 13, 2017.

Rosalyn, a domestic helper in Hong Kong since 2008, was fired from her work on Apr 17, 2015. She overstayed but surrendered on May 14th of the same year.

She asked for an order against being sent home on Sept 18 of that year, and then later for her daughter, who was born on Oct 1, 2015.
Rosalyn claimed they would be harmed or even killed by her husband because she had an extramarital affair with another man and gave birth to the daughter as a result. 

The Director rejected their claim of risk to life and persecution on Nov 2, 2016, and on Oct 13, 2017, the TCAB upheld this decision.

Rosalyn then sought leave from the CA on Nov 13, 2017 but gave no grounds for seeking relief or a hearing. Judge Chan refused her application. 

The two then appealed against this decision on Jul 8, claiming the judgment was unreasonable, and reiterated the perceived threats on their life.
In dismissing their application, the justices said the Director’s decision could no longer be appealed as there were no exceptional circumstances cited.

As for the TCAB’s decision, the justices said the applicants faced no genuine and substantial risk of ill-treatment if sent home, as state protection was available in the Philippines and internal relocation was possible. 
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