By Vir B. Lumicao
 |
| The ailing Filipina and her son want to challenge the deportation order against them |
A High Court judge said he will study the grounds cited by a Filipina mother and her Hong Kong-born son who are seeking leave for a judicial review of a government order to deport them.
Applicants, Cristina D. Gano, 53, and Bernard Gano, 18,
claim their lives would be at risk in the
Cristina took the floor briefly when she was asked by Judge K.W. Lung, through her lawyer, why she wanted to stay on in
 |
| PINDUTIN PARA SA DETALYE |
Counsel Lewis Law, assigned by the Legal Aid Department to represent the two applicants, cited the following grounds for appeal:
First, the risk to Cristina and her son’s lives once they returned home due to a death threat from her husband after learning she gave birth to a son of out wedlock.
The lawyer said Cristina, who is from Ifugao, could be killed or subject to death, torture or persecution if she is brought to trial on adultery under tribal laws. He said the national law enforcement agency will not be able to provide adequate protection to her.
 |
| CLICK THIS TO REGISTER FOR FREE! |
Second, her critical medical condition under the government’s Unified Screening Mechanism process. The lawyer said she is suffering from various critical illnesses, including cervical cancer, stroke and brain tremors.
She had been so sick she was unable to go to Immigration interviews and TCAB hearings. Her cervical cancer, discovered in 2016, had shortened her life expectancy.
Third, internal relocation would be difficult for both the
mother and son. Wong said with Cristina’s medical condition, her
removal/rejection of medical treatment by
 |
| PRESS FOR MORE DETAILS |
Wong said the TCAB should have first made a finding on what was the applicable test, e.g. (a) whether Cristina was so critically ill or close to death; (b) she could not be provided with basic levels of food, shelter or social support in the Philippines; and (c) the abrupt withdrawal of medication/treatment would cause her “actual mental and physical suffering”.
He said the board had made errors of facts when assessing the mother’s credibility, which was material to its rejection of her claim.
The judge told the lawyer to cut down the authorities he cited, adding that a thousand pages of pleadings would take much time to examine. He said he will consider the application and come back with his verdict.
 |
| Press for details |
Cristina came to
She was sentenced to eight months in jail and her son was sent to a Boys Home run by the Social Welfare Department.
After serving her sentence, she and her son lodged a torture claim with the Immigration Department in August 2011 with free legal assistance by Duty Lawyers, but this was rejected.
 |
| BASAHIN ANG KWENTONG DREAM LOVE |
The two then appealed Immigration’s decision to the TCAB on Oct 21, 2011, but the appeal was also denied.
In the succeeding years, the mother and son filed a series of applications with Immigration and TCAB, including a non-refoulement claim under the USM process, but were unsuccessful.
They issued the present court application for a judicial review of the TCAB’s decision on Aug 27, 2019.
According to the solicitors representing both petitioners,
Bernard would lose a great future in
The lawyers said this unique talent could enable him to be drafted into the SAR’s national team in the Olympics and other international games.
Bernard is said to attend a local school in North Point and is due to sit for the DSE exam next year.
 |
| PINDUTIN PARA SA DETALYE |
 |
| PADALA NA! |
 |
| CALL US! |
 |
