Filipina mother and daughter lose appeal bid to stop deportation

by Daisy CL Mandap 

The CA says the applicants have abused the system 

A Filipina former domestic helper and her seven-year-old daughter who had previously decided to abandon their non-refoulement application, failed to get the High Court to reopen their case.

In a judgement handed down Monday, Appeal Court justices Aarif Barma and Carlye Chu upheld the lower court’s decision to deny the applicants’ bid for a judicial review, as it was filed way beyond the deadline.

Applicants R. C. Villanueva, 41, and her daughter, G., had sought to get Judge Bruno Chan to allow them to challenge the Torture Claims Adjudication Board’s decision not to reopen their case.

This was because the two had earlier applied to abandon their resistance to being sent back to the Philippines, and after it was approved, changed their mind and asked the TCAB to restore their original non-refoulement claim.

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The CA said that the bid by the two to get the Board and the court to allow her to continue her non-refoulement application despite the long delay was an abuse of the process and should not be allowed.

Villanueva, 41, who is married with two children in the Philippines, last arrived in Hong Kong to work as a foreign domestic helper on Aug. 23, 2014.

Shortly thereafter, she had an affair with an Indian man in Hong Kong, and got pregnant. She gave birth to G on Aug. 5, 2015.

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On Nov. 30, 2015 her contract was terminated but she did not go home within the mandatory 14 days. About four months later, or on Mar 15, 2016, she surrendered to authorities.

On Oct 5 of the same year she applied for non-refoulement, saying her husband would kill her and her daughter if they returned to the Philippines.

The Director of Immigration denied their application on Apr 27, 2017, saying there was just a low risk of mother and daughter coming to harm in the Philippines.

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On May 10 of the same year, the applicants went to the TCAB to appeal against the Director’s decision.

But 10 months later, or on Mar 5, 2018,Villanueva wrote to both the Director and the Board, requesting to withdraw their appeal, stating that:

 “…We want to go back to our home country Philippines since it is safe for us to go back. I want to withdraw our non-refoulement claim appeal as soon as possible so that we can go back. I have no money to buy air ticket. Please arrange as soon as possible.”

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The  Board promptly replied by letter dated Mar 13, 2018, informing the applicants that they had a week to reconsider their application. But once accepted their appeal would be dismissed.

As the applicants did not respond to the letter the Board informed them on Mar 21, 2018 that their request to withdraw their appeal was accepted.

However, on Apr 4, 2018, Villanueva wrote to the Board, saying she and her daughter wanted to reopen their appeal as her husband got angry on hearing of their plan to return to the Philippines, and was again threatening to harm them.

The Board rejected the request on Apr 19, 2018, saying their appeal had already been disposed of, and that this action was final.

Villanueva’s subsequent application for leave to challenge this decision was rejected by Judge Chan on the ground that the Board had become “functus officio” (or no longer in office) as soon as it decided to close the file on their case.

Again, Villanueva failed to appeal against this decision on time.

On Nov. 23, 2020, or seven weeks after the required 14-day period for appeal had lapsed, she filed for an extension of time, saying she did not know how to make the application and had no money to do so.

Judge Chan heard the application on Apr 20, 2021, and on May 4 of the same year, refused it.

In upholding his decision, the CA said:  “Had it been otherwise, not only would there be no finality in the determination of such claims, it could also lead to abuse by claimants who are desirous of delaying their removal from Hong Kong by making last minute withdrawals and then applying to reinstate or reopen the appeals…”

The appeal court added the judge was right in finding that the intended judicial review by both applicants has no reasonable prospect of success.

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HK residents to get another $5k in spending vouchers

FS Paul Chan presenting the new Budget before Legco

Financial Secretary Paul Chan pulled out a welcome surprise for many residents when he unveiled the Budget for the next financial year before the Legislative Council on Wednesday.

He announced that each adult permanent resident will be given $5,000 worth of spending vouchers in two instalments starting in April.

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“Having regard to the current economic situation, people's livelihood and the Government's financial position, I will issue electronic consumption vouchers again this year with a total value of $5,000 to each eligible Hong Kong permanent resident and new arrival aged 18 or above in two instalments,” said Chan.

And for the first time, people who come to Hong Kong on various admission schemes and as foreign students will be given vouchers worth $2,500.

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“In line with the arrangement for last year's scheme, eligible persons who have come to live in Hong Kong through different admission schemes or to study in Hong Kong will receive vouchers in half value, i.e. $2,500 in total,” Chan said.

It would appear from the statement that the only other people who will get the half-share are newly arrived mainland people, apart from foreigners who come here on student visas.

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The full details of the voucher handout will be announced soon.

Meanwhile, the finance chief also announced a series of measures to help ease the financial burden on the needy, like:

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1)       Reducing salaries or personal tax, subject to a ceiling of $6,000 

2)      Providing rates concession for domestic properties, but capped at $1,000 per quarter

3)      Providing allowance to eligible social security recipients equal to one half of what they get in a month from their social welfare payouts

4)      Extending the public transport fare subsidy scheme to October 2023

 

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5)      Paying the examination fees for students taking the 2024 HKDSE

6)      Granting $1,000 subsidy to each eligible residential electricity account 

7)      Increasing the basic child allowance and additional child allowance born during the year of assessment from $120,000 to $130,000

There was, however, no tax credit given to employers of foreign domestic helper, contrary to what had been reported in some media outlets earlier. Various lawmakers had endorsed the idea of giving financial support to employers by as much as $60,000, but the government obviously did not find it justified.

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Employers of FDHs may be given tax relief in new budget, says report

 

Employers may get up to $60,000 in tax credit for every FDH they hire 

Financial Secretary Paul Chan is expected to announce a tax deduction for employers of foreign domestic helpers when he delivers his Budget Report today, Wednesday.

The only question is, how much will it be?

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Newspaper reports recall Chan saying during a consultation session with legislators back in January that he would include a deduction for FDH employers, as this would help ease the financial burden on middle-class families.

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But some legislators like Frankie Ng of the pro-Beijing Democratic Alliance for the Betterment of Hong Kong said even those in the low income bracket would benefit as many of them are compelled to hire FDHs because of insufficient child-care centres in the city.

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Apart from the DAB, other political parties have backed the proposal, and suggested a tax deduction cap of up to $60,000.

The DAB wants a ceiling of $56,760 for each helper hired by a taxpayer, while the New People’s Party of Executive Council convenor Regina Ip  is suggesting a cap of $55,000.

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Yet another group formed by four independent legislators called “A4 Alliance” has proposed setting the limit at $60,000.

Another lawmaker, NPP's Eunice Yung has called on the government to exercise leniency in considering the applications of families that need to hire more than one helper.

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Yung said such an approach would help boost the birth rate in Hong Kong as parents are spared the burden of sharing in household chores.

She said paying for helpers has become part of the expenditures in a household where both parents work.

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Hindi narehistrong SIM, pwedeng gamitin basta may load pa

 

Sa Huwebes ang huling araw para sa pagrerehistro ng mga SIM card sa HK

Kung hindi mo ma rehistro ang SIM mo hanggang Huwebes ay huwag mag-alala. Kung may natitira ka pang load ay pwede mong kausapin ang telecom service provider mo o yung kumpanya kung saan nakarehistro ang SIM mo na irehistro ka pa rin.

Pero kung naubos na ang load mo pero hindi mo pa rin naipaparehistro sa pangalan mo ang SIM na gamit mo ay hindi mo na ito muling magagamit.

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Ito ay ayon kay Chauce Leung, director-general of communications, nang kapanayamin siya sa RTHK.

Sabi ni Leung, may 12 million na pre-paid na SIM card na ang narehistro sa pangalan ng gumagamit sa kanila. Maaring magrehistro ng hanggang limang SIM sa ilalim ng isang tao gamit ang kanyang HK ID card.

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Ang ibig sabihin daw nito ay tagumpay ang kampanya ng gobyerno na mairehistro ang pangalan ng lahat ng mga gumagamit ng SIM card sa Hong Kong, sa tulong ng mabilisang pagpapalaganap ng balita

Kailangang marehistro ang lahat ng mga SIM card nang hindi lalampas sa Huwebes, ang huling araw na itinakda para ipatupad ang kautusang ito.

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Layon ng gobyerno sa iba-ibang bansa na marehistro ang mga SIM card na ibinebenta sa publiko para maiwasan ang paggamit ng telepono ng mga di kilalang tao para makapanloko o gumawa ng iba pang krimen.

Ayon kay Leung narinig na nila ang balita na may mga taong nag-aalok na irehistro ang SIM card ng ibang tao kapalit ng bayad, at naiparating na nila ito sa pulis. Ang babala niya, isa itong krimen kaya huwag patulan.

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Baguio bet wins Ms. Barkadahan ’23 pageant

 

Ms. Barkadahan 2023 Maricel "Icel" Minez Miranda, Candidate #4,  (center) is flanked by 2nd runner up: Rexcel "Butterfly" Rolan De Jesus (#3) and 1st Runner Up: Melissa "Mels" Sabico Ablao (#11)

Maricel "Icel" Minez Miranda of Baguio City bested 11 other finalists to become the Ms. Barkadahan 2023 in the biggest beauty pageant for OFWs, held last Sunday at the Hong Kong Convention and Exhibition Center in Wanchai.

Miranda, 30, won prizes amounting to P500,000 in the return of the biggest pageant for OFWs in Hong Kong after a three-year break due the the Covid-19 pandemic. 

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She took the top prize after going through three phases of the event: opening production number, talent (singing and dancing where the girls performed as two groups), and swimsuit competition, which included the question and answer portion.

Emerging as the pageant’s 1st runner up was Melissa "Mels" Sabico Ablao (Candidate #11) and 2nd runner up was  Rexcel "Butterfly" Rolan De Jesus (Candidate #3).

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Barkadahan sa SmarTone, the sponsor of the pageant, also gave away P500,000 worth of load vouchers in a raffle that had 10 winners from the audience: five winners of P10,000 and one winner each of P25,000, P50,000, P75,000, P100,000, and the grand prize of P200,000.      

The pageant capped a three-month search that began with an audition on Dec. 4, 2022 and was decided by the audience by voting for their favorite candidate with their tickets.

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“With all those who participated here, winners or not, they developed their self-confidence, communication skills, poise, character, overcoming shyness and many others. Total makeover is the result when you join this biggest and longest running pageant,” Barkadahan sa SmarTone said.

Featured in the program was the internet influencer DJ Loonyo, who sang and performed some of the dance moves that made him a TikTok star. He was supported by a host of local Filipino talents, cheered on by a crowd made up of Barkadahan subscribers.

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In  keeping with with the pageant theme of flight, the contestants were in cabin crew outfit in their opening dance number. Alvin Dayrit of Smartone and his two co-hosts were also wearing pilot outfits, the ticket looked like a boarding pass, and the venue was designed to make the audience feel they were in an airplane with all the sound and visual effects.

The pageant began with the candidates, dressed as flight attendants, introducing themselves and explaining their choice of destination.

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Ms Barkadahan Icel’s dream destination is South Korea. “Since I was young I’ve loved watching Korean dramas. And I am a fan of Korean actors and actresses. That’s why I want to meet them in person and see how beautiful their place is,” she said.

Mels, 37 years old who hails from Puerto Princesa, Palawan, chose Canada. “Because it is a multicultural country with a rich diversity and because of the wildlife and no pollution,” she explained.

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Butterfly, 33, of Bacolod City chose Israel “because when it comes to photogenic destinations Israel is the place to go for its historical and natural sites. It is also known as the Holy Land for it is home for some of the world’s holy sites.”

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