The Australian nun Patricia Fox has once again pleaded with the Department of Justice (DOJ) to overturn the decision of the Bureau of Immigration (BI) to cancel her expulsion on account of her alleged involvement in 'partisan political activities & # 39 ; in the country.
In a five-page response to the comment with manifestation presented by the BI to the DOJ in connection with its request for review of the expulsion order issued in July, Fox argued that that authority had been ahead for a long time. had gone & # 39; and & # 39; never objective & # 39; had been in solving the deportation case.
Fox said the bias of the BI was proven to her when the BI stated in her resolution that she is ordering deportation that President Duterte has already discussed, so the BI board of directors has, under the doctrine of qualified political institution or alter ego principle, abide by the president's statement.
The nun told the DOJ that the reasoning of the BI to order her deportation would be to state that decisions must be based on the public statement of the president, regardless of the substance of the case and the arguments put forward by the parties .
"Even though BI claims in its comment that it based the stormed decision on the intelligence report … and not on the president's statement, again the report … did not provide the exact context of the activities in which the petitioner participated, "the nun said.
"The report is also based on rumor information [and] sloppy intelligence report by stalking only social media. Therefore, there is no substantial evidence to support the decision in this case, because rumor information is not proof, "she added.
Fox urged the DOJ to carry out "prudence and careful evaluation" of the evidence submitted to it during the eviction procedure, because a negative decision would have "far-reaching and destructive consequences" for the foreigners in the country.
She claimed that her alleged participation in so-called political activities in the country took place in the exercise of "constitutional and universally recognized and protected rights to freedom of expression and assembly, and free exercise of religious freedom," Fox emphasized.
The 71-year-old missionary is accused of violating the terms and conditions of her visa when she attended meetings, news conferences and fact-finding missions.
Fox's camp has insisted that the non-participation in dialogues with farmers, indigenous people and the poor is part of her religious work.
In its July resolution, the BI noted that Fox "violated the restrictions and conditions of Commonwealth Act 613, Section 9 [g] consignment and unwanted consignment under Article 2711, section 69, and her deportation to Australia, provided she has submitted all appropriate permission and her inclusion in the black list of BI, thereby hindering her return to the country. "
As a basis for her order, the agency mentioned several photographs showing that she had participated in political activities for some time in 2013, 2016 and 2018, including those where she reportedly demanded the release of political prisoners, in the demonstrations for land distribution in Hacienda added Luisita and a workers rally in Davao City.
The BI also considered statements by President Duterte that the Australian nun is an undesirable alien after participating in protest meetings.