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| No basis to the mother's claim she and her daughter will be killed if they were sent home, says CA |
By The SUN
A Filipina domestic helper and her Hong Kong-born daughter
have failed in their appeal against a court order denying their application for
leave to apply for judicial review of the government’s decision to send them
home.
Rosalyn P. and her four-year-old daughter, J.C., had
appealed against the decision of Deputy High Court Judge Bruno Chan on Jun 28 last
year refusing their application.
But on Dec 27, the Court of Appeal through Vice President M
H Lam and Justices Maria Yuen and Carlyle Chu affirmed the lower court’s
decision.
The mother and daughter had sought a judicial review of the
Immigration director’s decisions on May 12 and Nov 2, 2016 rejecting their claim
for non-refoulement, as well as the Torture Claims Appeal Board’s upholding the
decisions on Oct 13, 2017.
Rosalyn, a domestic helper in Hong Kong
since 2008, was fired from her work on Apr 17, 2015. She overstayed but surrendered
on May 14th of the same year.
She asked for an order against being sent home on Sept 18 of
that year, and then later for her daughter, who was born on Oct 1, 2015.
Rosalyn claimed they would be harmed or even killed by her husband
because she had an extramarital affair with another man and gave birth to the daughter
as a result.
The Director rejected their claim of risk to life and
persecution on Nov 2, 2016, and on Oct 13, 2017, the TCAB upheld this
decision.
Rosalyn then sought leave from the CA on Nov 13, 2017 but
gave no grounds for seeking relief or a hearing. Judge Chan refused her
application.
The two then appealed against this decision on Jul 8,
claiming the judgment was unreasonable, and reiterated the perceived threats on
their life.
In dismissing their application, the justices said the
Director’s decision could no longer be appealed as there were no exceptional
circumstances cited.
As for the TCAB’s decision, the justices said the applicants
faced no genuine and substantial risk of ill-treatment if sent home, as state
protection was available in the Philippines
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