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High Court rejects overstayer’s bid to stall removal order

Posted on 04 January 2020 No comments
Court says Immigration can still send you back even if you've filed a torture claim


The Court of First Instance has turned down a 40-year-old Filipina asylum-seeker’s leave to apply for a review of Hong Kong Immigration’s decision to issue a removal order against her while her application for non-refoulement was still pending.

Judge Anderson Chow said in a decision on Dec 27 that Catleah Isidre’s application not to be sent home is not a ground for challenging the validity of a deportation order served on her.

Isidre filed a non-refoulement claim on Oct 13, 2016, shortly after she was convicted of breach of condition of stay and sentenced to two weeks in jail, suspended for three years, for overstaying her 14-day visitor’s visa.

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She had cited as grounds her “left ear drum problem” and fear of being killed if she was sent back home.

Isidre returned to Hong Kong as a visitor after working as a domestic helper in the SAR for just 13 days from May 21, 2006.

Immigration issued a removal order against her Feb 20, 2018. Isidre appealed the decision, but on Mar 27 of the same year, the Director affirmed the order.

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Isidre then turned to Torture Claims Appeal Board/Non-refoulement Claims Petition Office which similarly dismissed her appeal in July last year. She then applied for leave for a judicial review of both orders.

“The fact that an overstayer has made a non-refoulement claim is not a ground against the making of a removal order against that person who does not have any right or permission to remain in Hong Kong,” Chow said in his decision.

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Chow said Isidre’s ear drum issue was irrelevant to the removal order, and her claim of risk to life had been dealt with by Immigration Director and the TCAB.

The judge then made the unusual order of making Isidre pay the costs of the Director.
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Court of Appeal rejects mom and daughter’s bid to stop deportation

Posted on No comments
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.

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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.

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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.

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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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Dugyot si amo

Posted on No comments

Inirelease ng amo si Gen dahil sa maninirahan na sa Canada ang mga ito.

Sa loob ng anim taong panunungkulan ni Gen sa kanila ay naging masaya siya dahil magaan ang kanyang trabaho at malinis sa bahay ang mga amo.

May mga araw lang na napupuyat siya kapag may mahjong ang mga ito pero hindi naman siya masyadong nababahala dahil nabibigyan siya ng pera ng mga bisita.

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Plano na sana niyang umuwi dahil sa edad niyang 52 ay malamang hindi na siya makakuha ng bagong amo.

Ngunit sinuwerte pa rin siya dahil may among taga Peak at mag-isa lang sa bahay ang kumuha sa kanya.

Akala ni Gen ay swerte siya dahil mukhang edukado ang amo ngunit mali pala siya. Kabaligtaran ng dati ang bago niyang amo dahil sobrang dugyot at tamad nito.

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Nagkalat ang mga tissue na ginamit nito kahit katabi na niya ang basurahan kaya laging si Gen ang pumupulot ng mga ito sa sahig para itapon sa basurahan.

Ubod din ito ng tamad dahil kahit abot-kamay na ang mga kailangan ay tatawagin pa si Gen para iabot ang mga ito sa kanya.

May baltik din ito dahil minsan naman ay bigla itong nagpalinis ng mga bintana kahit maulan.

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Ang isa pang ikinakainis ni Gen ay tawag ito ng tawag sa kanya kahit may ginagawa siya kaya madalas silang mag away. 

akiramdam ni Gen, sinusulit nito ang pasweldo sa kanya dahil mag-isa lang siyang pinagsisilbihan.

 Para naman kay Gen mas malala pa ito sa bata kung umasta. Wala itong ginagawa maghapon kundi manood ng video gamit ang cellphone, at mag computer.

Ayon kay Gen plano niya na tapusin na lang ang kontrata at umuwi na for good para makasama ang pamilya at makapagpahinga na rin siya.

May sapat naman siyang ipon at marami nang alam na pwedeng pagkakitaan sa probinsya nila sa Cagayan. Si Gen ay 15 taon na sa abroad at dalaga. – Ellen Asis
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DH filmed doing prohibited window cleaning seeks $46k for ‘illegal firing’

Posted on 03 January 2020 No comments
By Vir B. Lumicao

The Filipina is seeking payment for unearned income, rest days and meal allowance

A Filipina domestic worker who was filmed cleaning the outside part of the window in her employer’s flat is claiming nearly $46,000 in damages stemming from her alleged illegal termination.

Nerie Mier raised her claim on Friday, Jan 3, from the original $3,759.90 she filed in April last year, after adding her unearned salary for the time she had been unable to work while her case was pending in the Labour Tribunal.

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Mier’s decision to jack up her damage claim against her former employer, Ip Kam-tim Garfield, prompted Tribunal officer Michael Lok to adjourn the case until Monday.

Earlier, Mier said that on Feb 26 last year, Ip told her to pack her things, leave the house and go to the employment agency that deployed her.

Since that day, Mier said she had not been able to work because of an Immigration prohibition on her taking on a job as her case was not yet resolved.

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She said as her case dragged on for nearly a year, her farmer husband and their two children were suffering because she could not send them money.

Mier also claimed for unpaid rest days and meal allowance, saying she and another helper in the household were only given leftovers, so they often just ate noodles.

But the employer rejected Mier’s claim about being fired, saying the helper handed him a resignation letter on Feb 15, 2019 citing her soured relationship with her co-worker and Ip’s wife.

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Ip also disclosed the Consulate had called him because it had received a video showing Mier cleaning the exterior of his flat’s window, a task banned by Hong Kong since 2018.

Officer Lok called for a break in the trial to allow Ip to make copies of the helper’s documents. But when the case resumed in the afternoon, Mier suddenly asked to amend her damage claim to $45,931 to cover her jobless period until the date of trial.

The hearing of Mier’s claim began last September but stalled on the damages issue. At the time, Mier accepted $2,465 from Ip as payment for her wages in lieu of notice for Feb 26 to Mar 15 last year.
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Employer who fired DH over stroke fear sued for disability discrimination

Posted on No comments
Image result for Disability Discrimination Ordinance HK photo
The EOC is prosecuting the case in the District Court, citing an alleged violation of the Disability Discrimination Ordinance

By The SUN  

The Equal Opportunities Commission has charged an employer with disability discrimination for allegedly firing her Filipina domestic worker, fearing she might have inherited her parents’ predisposition to stroke.

The case involving Melanie T. Dejucos and her former employer Luk Ngai Si Icy was set down for hearing before Judge Phoebe Man in District Court on Jan 3.

But the EOC prosecutor said Dejucos was not present because the actual case was not yet being heard. The next hearing has been set down for May 20 this year.

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No other details were mentioned in court, but in a press release issued in November last year, the EOC said dismissing foreign domestic workers based on their parents’ medical history could be discriminatory.

It cited a provision in the Disability Discrimination Ordinance which prohibits a worker being treated unfairly on the ground of the disabilities of her associates – in this case, her parents.

The EOC said it took up the cudgels for an unnamed FDW who claimed to have been dismissed by her employers after learning that her parents both died of stroke in their fifties.

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The press statement said the claimant had to be hospitalized after experiencing high blood pressure, dizziness and slurred speech after her employer made her do heavy renovation work.

While she was in hospital, her employer asked about her family medical history, and she mentioned about her parents dying in their ‘50s because of stroke.

On the night she was discharged from hospital, the employer terminated her employment with immediate effect, citing her deceased parents’ medical history as reason.
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Citing the DDO, the EOC said it is unlawful for a person to discriminate against another another “by treating him or her less favorably on the ground of the disability of the latter’s ‘associate’, which could include a spouse, another person living in the same flat, or a relative.
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