THE Department of Justice (DOJ) on Monday nullified the Bureau of Immigration’s order forfeiting the visa of missionary Sr. Patricia Fox for being illegal and directed the agency to initiate the process of cancelling her visa.
The nullification of the visa forfeiture order was contained in a resolution issued by DOJ Secretary Menardo Guevarra in response to the appeal of Fox to reverse BI’s order forfeiting her visa and requiring her to leave the country in 30 days.
“Our existing immigration laws outline what the BI can do to foreigners and their papers–including visas–when they commit certain acts within Philippine territory. What the BI did in this case is beyond what the law provides, that is why it has to be struck down,” Guevarra said in a press statement.
The DOJ resolution stated, “This Office cannot sanction BI’s resort to a visa forfeiture procedure and (the Bureau’s) Orders against (Fox) which result therefrom. To hold otherwise will legitimize (BI’s) assertion of a power that does not exist in our laws.”
The DOJ returned the Fox case to BI for proper disposition.
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It ordered the BI to ascertain whether the charge and the evidence against Fox make out a case for visa cancellation, for which specific grounds are stated in the law.
Guevarra also directed the BI to simultaneously hear the visa cancellation and deportation cases against Fox.
“Until a final resolution of the visa cancellation and/or deportation proceedings is reached, or until the expiration of her missionary visa, whichever comes first, Sister Fox may continue to perform her duties as a missionary in the Philippines,” Guevarra said.
Fox, 71, was detained at the BI headquarters in Manila for nearly 24 hours on April 23 after the BI charged her with taking part in political rallies demanding the release of political prisoners and urging local authorities to respect human rights.
The BI also voided her visa on the grounds that participating in rallies, press conferences, and fact-finding missions were against the terms of her visa.
TAGS Menardo Guevarra resolution on Sr. Fox case Sister Patricia Fox
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