Immigration denies with finality Fox’s appeal to reinstate visa

May 23, 2018

The Bureau of Immigration (BI) reaffirmed its order forfeiting the missionary visa of Australian nun Patricia Fox and ordering her to leave the country.

In a three-page order signed May 17, the BI Board of Commissioners denied with finality the Motion for Reconsideration filed by Fox’s lawyers which sought a reversal of the Board’s April 23 order forfeiting her visa and directing her to leave the country within 30 days.

"This order is final and executory. We will not entertain any further Motion for Reconsideration,” said BI Commissioner Jaime Morente who chairs the Board, with BI Deputy Commissioners J. Tobias Javier and Marc Red Mariñas as members.

As a result, Morente said Fox, through her counsel, was sent a letter advising her of the steps needed for complying with the order to leave.

BI Spokesperson Dana Sandoval also clarified that the complaint for deportation against Fox in engaging in political activities is still pending as it is separate from the Board’s action forfeiting her visa.

She added that pending resolution of the deportation complaint, Fox could still return to the country as a tourist after she leaves as she is not yet in the Bureau’s blacklist.

In its order, the BI Board dismissed Fox’s assertion that the Bureau forfeited her visa without due process and that allegations that she engaged in political activities were not backed with solid evidence.

It reiterated that Fox acted beyond allowed activities under her visa by working outside of Barangay Amihan in Quezon City, the place where she claimed she would render her missionary works when she applied for her visa.

The order likewise stressed that the strict rules on evidence do not apply to immigration cases which are administrative proceedings requiring only the lowest quantum of evidence.

Meanwhile, Malacanang expressed support on the Immigration's decision.

"We respect the decision of the Bureau of Immigration. That’s the law. Dura lex sed lex," Presidential Spokesperson Harry Roque said. DMS