MANILA A Bureau of Immigration (BI) official said Thursday that Sr. Patricia Fox should follow the bureau's order to leave the country on Friday.
BI Spokesperson Dana Sandoval explained that if the Australian nun chooses to stay in the country, another deportation proceeding will be conducted against her for not complying with the order to leave.
The legal division will say she is noncompliant with the order to leave. She has to submit an affidavit of what happened. And then they will see if she is guilty of the offense. If it would be proven that she is guilty, she would be deported, Sandoval said in an interview, noting that there will be a hearing and she has to submit an affidavit.
The BI official noted that they will follow the decision of the Department of Justice (DOJ), whatever it may be, after Fox's camp said they will appeal the BI's decision to forfeit the missionary visa issued to her.
The order denying her Motion for Reconsideration (MR) is final and executory already. If she will file before the DOJ, we do recognize that the DOJ is a higher office. So whatever order they give us, we follow, she said.
The order is to leave on May 25. If she leaves the country and goes back as a tourist, she can enter for as long as she is not in the blacklist, Sandoval said.
Another deportation proceeding could lead to blacklisting, she pointed out, adding that the Australian nun could apply for another visa but she has to leave and then return to the country.
She has to leave the country because of visa forfeiture, (wherein) the alien is required to go out of the country. This is not the first incident of visa forfeiture. There were other cases before, Sandoval said.
The camp of the 71-year-old nun said they will file an appeal before the DOJ questioning the decision of the BI to affirm its April 23 order downgrading her missionary visa into a temporary visitor's visa and for her to leave the country in 30 days from the date.
While she has already expected that the BI will deny her MR, she was still hoping that the commissioners will be enlightened that the complaint or report against her that she had engaged in political activities has no factual and legal basis, according to the statement issued by Fox's camp.
Under the Rules of Procedure of the Bureau of Immigration, an order cancelling one's visa becomes final and executory after 15 days from notice to the respondent and is tolled by the filing of a motion for reconsideration and the subsequent filing of an appeal. Thus the April 23, 2018 order is not immediately executory as the BI claims, it added.
On April 16, Fox was apprehended by BI operatives pursuant to a mission order issued by Commissioner Jaime Morente for violating the conditions of her stay in the country by engaging in political activities and anti-government demonstrations. (PNA)
Source: Philippine News Agency