Appeals court affirms rejection of ex-NPA’s asylum claim

The High Court, where the Court of First Instance holds its proceedings 

A Filipino who claimed his life was in danger if sent back to the Philippines because he left the new People’s Army and was now being hunted by his former comrades, has failed to convince the Court of Appeal to review the rejection of his claim to asylum.

The non-refoulement application of Ariel Arellano, 57 years old, was earlier denied by the Immigration Director and then, on appeal, by the Torture Claims Appeal Board. He then went to the Court of First Instance to apply for judicial review but was similarly rebuffed in a ruling by Deputy High Court Judge K. W. Lung.

In a decision dated last Nov. 12, Court of Appeals Vice President Carlye Chu and Justice of Appeal Godfrey Lam said: “The applicant’s appeal is … dismissed.”

Pindutin para sa detalye

They explained: “… the applicant has not been able to demonstrate any error in the decision of the Judge or advance any viable ground of appeal against the Judge’s decision.  We are not satisfied that there is any error in the Judge’s decision.”

Arellano entered Hong Kong on Nov. 1, 2016 as a visitor. He never left after his visa expired on Nov. 15, 2016. He surrendered to the Immigration Department on Dec. 6, 2016 and raised a non-refoulement claim 10 days later. 

In a decision on July 10, 2018, the Immigration Director found that his claim failed to meet the international requirements for granting asylum: that he faced the risk to life, persecution risk, and torture risk.

PINDUTIN DITO

The Board, on the other hand, accepted his claim that he was involved with the Kabataang Makabayan and later the NPA in the late 1980’s and early 1990’s. 

But in its decision on May 10, 2019, the Board found “multiple significant anomalies… vagueness and inconsistencies” which raised doubts about his claims, such as surrendering to the Philippine military in 2016 when he could not have been with the NPA beyond the 1990s and, as a result, “pursued by Commander Alvin or others of the NPA to be harmed or killed.”

The board concluded: “There was in fact no real risk of harm if the applicant returned to the Philippines, because … the people of the NPA or the Philippines government or military would not be interested in the historical involvement of the applicant with the NPA in the 1980’s and 1990’s.”

Basahin ang detalye!

Judge Lung concluded in his decision issued last April 30: “There is no valid ground from the applicant to challenge the Board’s Decision. There is no reason for the Court to interfere with the Board’s Decision.”

The appeals cöurt concurred: “If no viable ground is put forward to reverse the judge, the appeal should be dismissed.  It is not the role of this Court to examine the decision of the Board afresh as if the appeal were a fresh application for judicial review.”

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