The SUN HK : Overstayed for 27 years, now wants to ask for asylum

21 November 2023

Defendant was arrested near this walkway from Exit A of the Central MTR station

A Filipina former domestic helper who was arrested in September after overstaying her visa for 27 years told the court today that she is applying for asylum as a torture claimant, and asked that the hearing of her case be put off until after her application is dealt with.

Josephine Rescate who is now 61 years old, did not apply for bail when she appeared before Magistrate Stephanie Chui at Eastern Court.

Her counsel from the Duty Lawyer Service told the court that this coming Thursday, Nov. 23, Rescate will apply for non-refoulement or against being sent back home, citing risk of torture as ground.

PINDUTIN DITO!

She asked that the next hearing of her case for visa violation be postponed to Dec. 9 pending the outcome of her torture claim.

Magistrate Chui approved the application, but told Rescate that she should make sure she is again represented by counsel when she returns to court because the hearing of her case will continue even if she is unrepresented.

PINDUTIN PARA SA DETALYE

Previously, Rescate had applied to the court for bail but was rejected.

In her earlier court appearance, the prosecuting counsel said Rescate had been overstaying her visa since Sept. 29, 1996, after she was terminated from her work as a domestic helper.

She managed to remain underground until her arrest on Sept. 7, 2023 on the footbridge near Exit A of the Central MTR station. But no other details of her case were brought up in court.