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| Court says Immigration can still send you back even if you've filed a torture claim |
The Court of First Instance has turned down a 40-year-old Filipina
asylum-seeker’s leave to apply for a review of Hong Kong Immigration’s decision
to issue a removal order against her while her application for non-refoulement
was still pending.
Judge Anderson Chow said in a decision on Dec 27 that
Catleah Isidre’s application not to be sent home is not a ground for
challenging the validity of a deportation order served on her.
Isidre filed a non-refoulement claim on Oct 13, 2016, shortly
after she was convicted of breach of condition of stay and sentenced to two
weeks in jail, suspended for three years, for overstaying her 14-day visitor’s
visa.
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She had cited as grounds her “left ear drum problem” and
fear of being killed if she was sent back home.
Isidre returned to Hong Kong
as a visitor after working as a domestic helper in the SAR for just 13 days
from May 21, 2006.
Immigration issued a removal order against her Feb 20, 2018.
Isidre appealed the decision, but on Mar 27 of the same year, the Director
affirmed the order.
Isidre then turned to Torture Claims Appeal
Board/Non-refoulement Claims Petition Office which similarly dismissed her
appeal in July last year. She then applied for leave for a judicial review of
both orders.
“The fact that an overstayer has made a non-refoulement
claim is not a ground against the making of a removal order against that person
who does not have any right or permission to remain in Hong Kong ,”
Chow said in his decision.
Chow said Isidre’s ear drum issue was irrelevant to the removal
order, and her claim of risk to life had been dealt with by Immigration
Director and the TCAB.
The judge then made the unusual order of making Isidre pay
the costs of the Director.
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