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| The cour pointed out glaring lies in the applicant's torture claim |
A Filipino torture claimant lost his application for a judicial review of the decision by the Immigration Department and the Torture Claims Adjudication rejecting his claim for non-refoulement (or against his forced return to the Philippines), because of his glaring lies.
For example, applicant Rael C. Asuncion gave the
date of the national election in the Philippines as October 2010, but the
Immigration Director said that based on country of origin information, it was
held on May 10, 2010.
His claim that he was persecuted by a powerful
political clan in Cagayan because he had led protests against a mining project
they supported was also found without basis, as was his supposed fear of the
New People’s Army because he refused to join the rebel group.
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| PINDUTIN DITO |
Asuncion entered Hong Kong as a visitor on Feb 15,
2015 and travelled to various nearby places, like Macau and Mainland China
before re-entering on Apr 18, 2015. He was allowed to stay until May 16, 2015
but did not leave and was arrested by the police for overstaying on Jul 25,
2015 for overstaying.
He filed a non-refoulement claim on Sept 21, 2015 on
the basis that he would be harmed or killed by the following groups: (1) the
powerful Vargas family due to his dispute with them; and 2) members of the NPA
because he refused to join them.
According to Asuncion, his problem with the Vargas
family started around 2001 when he opposed a mining operation that Cong.
Florencio L. Vargas was supporting. The lawmaker supposedly told him that the
project would proceed regardless of his objection.
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| TAWAG NA! |
In November 2009 Asuncion said he was accused of
killing two security guards at the mining site, and he was arrested, beaten and
starved by the police. He believed Congressman Vargas was behind this.
He continued his protest actions against the mining
project, as a result of which Congressman Vargas supposedly sent a death threat
to him in March 2010.
In the run-up to the national election which he
erroneously said was held in October 2010 he said he received another death
threat, this time from the daughter of the congressman.
When Congressman Vargas won the election, Asuncion
said he fled his hometown. But after the legislator died in September 2011, his
family allegedly blamed him for causing his death.
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| PINDUTIN DITO |
(A simple Google search will show that Vargas was
indeed re-elected as representative of the 2nd district of Cagayan in the May 2010 election, but died on July 22,
2010 due to leukemia).
As for his supposed ties with the NPA, Asuncion
claimed he had recruited people into the group in 2009 but did not join them.
He claimed he stopped helping them when he was informed by a neighbour that the
police were looking for him.
Again citing the lack of credibility in Asuncion’ claim,
the Director said there was no sign that the NPA “persistently had any interest
in him.”
Even if true, the Director said he could have
applied for state protection or moved elsewhere as “internal relocation
alternatives were available and reasonable” in the Philippines.
The TCAB upheld the Director’s findings and added
that Asuncion’s claim of torture by the police and the supposed campaigning he
made against Cong Vargas had never occurred, and that his intention in coming
to Hong Kong was not to seek non-refoulement protection.
In dismissing the application for judicial review,
Ms MO Wong for the Registrar said the applicant raised no valid ground to
challenge the Board’s decision. He also failed to show that he had any realistic
prospect of success in his judicial review.
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