Filipino drops asylum bid, says he just wants to go home

 

A Filipino’s claim for asylum has ended with a twist -- he withdrew his application for the Court of First Instance of the High Court to hear his case.

The CFI thus dismissed Mabini Sumangen’s leave to apply for Judicial Review of the decision by the Torture Claims Appeal Board/Non-refoulement Claims Petition Office to reject his asylum application.

Deputy High Court K.W. Lung ordered the dismissal after Sumangen indicated to the court that he was no longer interested in pursuing his claim and just wants to go back to the Philippines.

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“Before me, the applicant said that despite his problems in his country, he wanted to return to his country. He therefore asked the Court to dismiss his application so that he may go home,” the decision said.

“There is nothing left in this action if the applicant’s application is dismissed,” it added.

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The decision, released by M.O. Wong for Registrar of the High Court earlier this month, said Sumangen applied for leave to apply for judicial review on March 20, 2019.

He asked for a hearing and the High Court granted it, but when he appeared in court on June 26, 2023, he made the unusual request.

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“In the circumstances, upon the applicant’s request, I dismiss his application,” the judge said in his written decision.

With the case closed, the court did not discuss the details of Sumangen’s case.

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‘Job hopping’ figure drops more than 3x

 

Filipina domestic workers mostly spend their Sunday off meeting up with friends

The number of foreign domestic helper visa applications that were rejected last year due to suspected “job hopping” dropped to less than a third of the figure recorded in 2022, latest statistics from the Immigrant Department show.

From a high 1,760 in 2022 the number dropped to just 502 last year, prompting the question of whether the proposal to legislate against the practice should push through.

On May 14 last year, the government ended a public consultation on the Labour Department’s proposal to curtail alleged “job-hopping” by FDWs who terminate their employment contract to seek higher pay and better working conditions.

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Labour’s proposal was to revise the Code of Practice for Employment Agencies (CoP) to insert a section on “combatting job-hopping” by FDWs, a move that was roundly criticized by the city’s nearly 400,000 migrant domestic workers as well as their supporters in academe, legal profession and concern groups.

According to Thomas Chan, chairperson of the Hong Kong Union of Employment Agencies which was among those who openly rejected the plan, there has been no news on it since the consultation period ended.

“Up to this moment,  (there has been) no news from the HK Labour Department about the amendment to the CoP,” said Chan.

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The move to issue a legal prohibition on the alleged practice of some FDWs to change their employers at whim was first proposed by some pro-Beijing legislators who said that employers who paid a high price to get their helpers into Hong Kong were being taken advantage of.

One of them, Priscilla Leung from the Democratic Alliance for the Betterment of Hong Kong (DAB) suggested setting up a mechanism whereby employers could monitor whether their former FDW had actually returned to her place of origin after termination.

Leung also suggested amending the law to allow employers to demand reimbursements from employment agencies if the FDW they hired left without completing the two-year contract.

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DAB chair Starry Lee also hit out at the recruiters, claiming that at the height of the pandemic when FDWs were in short supply they were paying financial incentives of between $1,000 and $2,000 to helpers who would leave their employers and take up their job offers.

But FDW support groups like the Mission for Migrant Workers had hit back at the proposal, saying the concept of “job hopping” was a myth perpetuated by employers who wanted to punish helpers who leave them, even for justifiable reasons.

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The Mission said that FDWs spend a lot of money just to be able to work in Hong Kong, and are oftentimes in debt even before they start working, so it would be foolish to suggest they would risk losing their jobs in search of better employment.

The support groups said criminalizing the alleged practice will make the plight of migrant worse as they might try to hold on to their jobs even if they are abused or exploited by their employers.

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Solo parents to get child-rearing help from DSWD

 

Among those looking forward to the added benefits are members of the Solo Parents group in HK

Solo parents in the Philippines will not only get cash aid from the Department of Social Welfare and Development (DSWD), but also help in raising children on their own.

This is in line with the new DSWD support program called Strengthening Opportunities for Lone Parents Program, or Program SOLo, which will include parent-child intervention and psychological and emotional support for the single parents.

The program was disclosed by Assistant Social Welfare Secretary Ada Colico on Thursday (Feb. 15) who said the program “introduces innovations” in the area of emotional support and alternative care for children or dependents of solo parents.

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On the same day, lawmaker LRay Villafuerte (2^nd district, Camarines Sur) announced that the Philippine Health Insurance (PhilHealth) has begun working on the guidelines for the implementation of free health services for single parents.

Free health insurance is part of the additional benefits given to single parents under RA 11861, or the Expanded Solo Parents Welfare Act.

“Alongside a monthly cash subsidy for solo parents earning the minimum wage or below and the 10-percent discount plus exemption from the 12-percent value-added tax (VAT) on certain essential purchases, single dads and moms are now entitled to free PhilHealth coverage,” Villafuerte told reporters.

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The PhilHealth coverage is automatic and will apply to both working and non-working solo parents.

The other benefits include scholarships for children or dependents aged 22 years and below, and a 10-percent discount and VAT exemption for a solo parent’s purchases of essentials such as baby’s milk, diapers and doctor-prescribed medicines for their kids aged six years and below.

Solo parents also get a seven-day parental leave with pay, regardless of employment status.

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(More on the Expanded Solo Parents Welfare Act here: https://owwamember.com/dswd-solo-parent-assistance/)

Under the new law, solo parents will include not only legitimate husbands or wives, but also partners in common-law relationships, as defined by the Family Code.

Also included in the definition are those whose spouses have been medically certified as physically or mentally incapacitated, those who have been separated from their spouses for at least six months and have taken on sole parental care and support of their children, those whose marriages have been nullified or annulled and have been entrusted with solo parental care, those who have been abandoned by their spouses for at least six months and those whose spouses have been jailed for criminal conviction.

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They may also include the spouses or family members of overseas Filipino workers who have been away for 12 months, as well as grandparents and other family members who have sole responsibility over the qualified children.

An estimated 20 million Filipinos are now classified as solo parents, including about 50% of all overseas Filipino workers with children who are in Hong Kong.

A new group, the National Council of Solo Parents Hong Kong Chapter, has been set up to help provide information and support for OFW single parents in the city. The group headed by Marie Rivera, also conducts livelihood seminars and leisure activities for its members.

Those who wish to join the group or ask for information may contact them by sending a message through their Facebook page: National Council of Solo Parents Hongkong Chapter.

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Giant ‘Chubby Heart’ in Statue Square deflated

 

'Puff' goes the giant balloon on Statue Square (RTHK photo)

A bit of sad news for those hoping to see the biggest heart-shaped balloon in the “Chubby Hearts Hong Kong” campaign, which had billowed over Statue Square since Valentine’s Day.  Organizers of the promotional gimmick had to take down the giant balloon Saturday afternoon due to strong winds.

A Facebook post from the Hong Kong Design Centre which installed the balloon said in a statement: “Currently, the wind speed at Statue Square Gardens in Central has exceeded the maximum limit that the 12-meter heart-shaped installation can withstand.”

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 “To ensure public safety, the giant heart needs to take a short break and will meet everyone again when the weather stabilizes.”

Visitors who had hoped to see the giant balloon were disappointed to find out it had been taken down, but were nevertheless appeased by two small ones, each measuring 3 meter, set up in its place. 

The twin replacement balloons were set up in the Square on Saturday afternoon (RTHK)

The post said the balloons could be viewed from 2pm to 9pm on Saturday.

The giant balloons that will be set up across the city until Feb. 24 were created by noted British designer Anya Hindmarch, and are meant to express love for Hong Kong, and attract tourists.

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Among the places selected for the display is the Flower Market in Mong Kok, the promenade in Kennedy Town and the Ngong Ping village on Lantau Island.

Among the latest tourist spots to get a "chubby heart" is Ngong Ping on Lantau island

The project received $7.8 million grant from the government's Mega Arts and Cultural Events Fund.

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Apellate court rejects Filipino's asylum appeal

 

The appellant told the court he shouldn't be sent home because he has unpaid debts back home

A Filipino who applied for asylum in Hong Kong saying he feared being killed by his former wife’s boyfriend and a man he beat in basketball, has failed to convince the Court of Appeal to overturn the Court of First Instance's decision to throw it out. 

Glen Sarabia even raised a new reason for his appeal -- his unpaid debts, for which his creditors allegedly wanted to kill him  -- but this was set aside as irrelevant in the decision made by Court of Appeal Vice President Susan Kwan and Judge Lisa Wong of the Court of First Instance.

Sarabia was appealing against an earlier decision by Judge Wong at CFI not to disturb the decision of the Torture Claims Appeal Board which rejected his claim for non-refoulement.

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“The applicant’s proposed grounds for review as set out in the supporting affirmation are either bare assertions of the Board’s failure to consider matters the assessment of which rests with the Board, or matters which were not raised before the Board at all. The applicant did not identify any error of law, procedural unfairness or irrationality on the part of the Board in dismissing his appeal against the Director’s Decision,” the CA decision said.

Sarabia entered Hong Kong on Oct. 24, 2015 as a visitor. He was permitted to stay until Nov. 7, 2015 but has overstayed since Nov. 8, 2015.

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On Jan. 13, 2016, he surrendered to the Immigration Department and filed his non-refoulement claim on April 10, 2017 to prevent his forcible return to the Philippines.

His two reasons for seeking Hong Kong’s protection were dismissed by the Board after two hearings, which said that it was a private dispute that did not involve persecution and torture risk.

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“In any event, reasonable state protection and internal relocation alternatives are available to the applicant to lower or even negate the perceived risk of harm,” it ruled.

On appeal, the Court of First Instance reiterated its long-standing policy: “The role of this Court is supervisory, meaning that it ensures that the Board complied with the public law requirements in coming to its Decision on the applicant’s appeal. The Court will not usurp the fact finding power vested in the Director and the Board.”

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The apellate court, to which Sarabia turned to next, eft the CFI decision intact.

It explained, “an appeal against a refusal of leave to apply for judicial review is not the occasion for the Court of Appeal to examine the decision of the Board (or that of the Director) afresh. What the appellate court is concerned with is the decision of the judge at first instance, which is considered in light of the grounds of appeal raised by the applicant. The Court of Appeal shall interfere if and only if the judge had erred in law, failed to take into account a relevant matter or was otherwise plainly wrong.”

It concluded: “We have anxiously examined the Board’s Decision and the Judge’s Decision and are satisfied that both are in order.”

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DH gets 10 months for money laundering

 

Another Filipina domestic helper has been jailed after her bank account ended up being used in money laundering.

Marilyn Mabalo, 48 years old, received a penalty of 10 months in jail after being found guilty of the charge of dealing with property known or believed to be proceeds of an indictable offense.

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Mabalo received the sentence from Principal Magistrate Ivy Chui when she appeared at the Eastern Magistrates Court last Feb. 15.

Under the Organized and Serious Crimes Ordinance, a person who commits such an offense is liable:

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(a) on conviction upon indictment to a fine of $5,000,000 and to imprisonment for 14 years; or

(b) on summary conviction to a fine of $500,000 and to imprisonment for 3 years.

Mabalo was charged after her HSBC account received deposits of $705,769 which were then withdrawn, during the period from Jan. 12 to March 9, 2021.

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Ateneo LSE program to open in HK again

 

Ateneo LSE graduates in 2018 proudly pose for picture (File)

Do you want to be among the proud graduates of a prestigious program for overseas Filipino workers run by one of the Philippines’ foremost universities and hosted by an equally reputable Hong Kong institution? Here now is your chance.

On Feb. 25 and Mar 3, 10 am to 2pm, the registration for the Ateneo School of Government’s Overseas Filipinos’ Leadership, Innovation, Financial Literacy and Social Entrepreneurship ( ALSE OF-LIFE) program will be held on the 4^th floor of 4/F Tung Hip Commercial Building, 246-248 Des Voeux Road, Central.

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A registration fee of $200 will be collected from each applicant, as well as a total course fee of  $1,000 which will be payable in three months.

The course will be intensive, and classes will be held from 9 am to 5pm at City University of Hong Kong in Kowloon Tong for two Sundays each month, from April to September this year.

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Renowned academicians from both the Philippines and Hong Kong will be invited to lecture to Filipino migrants on leadership, financial literacy, and social entrepreneurship.

The course aims to help migrants prepare for reintegration and their return to their loved ones I the Philippines.

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To date, almost 4,500 graduates have completed the program across 26 countries as well as seven cities in the Philippines. In Hong Kong, ALSE has been offered since 2012 except during the pandemic.

For more information, please contact:

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Marilou Dacio  @Whatsapp 62164198

Rose Regodos @ Whatsapp 59056560

Analyn Regulacion @ WhatsApp 65009288

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