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Immigration Department filed the complaint |
More than four years of overstaying has sent a Filipino asylum-seeker to jail for 16 weeks.
Ronnie Turla, 49 years old, pleaded guilty last Tuesday
(Dec. 31) at Shatin Court to a complaint of the Immigration Department that he breached his condition of stay, in violation of section
41 of the Immigration Ordinance.
The penalty was handed down by Magistrate Andrew Mok.
Under the said section of the Ordinance, any person who is found to have contravened a condition of stay imposed by Immigration shall face a maximum sentence of a fine at level 5 ($50,000) and imprisonment for two years.
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PINDUTIN PARA SA DETALYE |
Turla arrived in Hong Kong as a tourist in February 2014 and
was allowed to stay for two weeks by an Immigration officer.
However, he failed to leave as required by his condition of
stay, until his arrest on Aug. 28, 2018.
Turla has since claimed the right to non-refoulement – or protection
from being sent back to his country of origin if he meets internationally-accepted
conditions -- and was given a recognizance form to serve as his identification
document.
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Basahin ang detalye! |
It is not uncommon for overstayers to file for non-refoulement to avoid being sent back home after serving their sentence for violating their visa condition.
A non-refoulement claim is submitted to the Immigration Department and, if denied, the applicant can appeal the decision to the Torture Claims Adjudication Board. If it is upheld, the applicant may go to the High Court and apply for leave to file for judicial review. The final option is to file an appeal if leave is denied.