AUSTRALIAN nun Patricia Fox on Monday pleaded to the Department of Justice (DOJ) anew to reverse the decision issued by the Bureau of Immigration (BI) ordering her deportation for her alleged involvement in “partisan political activities” in the country.
In a five-page reply to the comment with manifestation submitted by the BI before the DOJ in connection with her petition for review of the deportation order issued in July, Fox maintained that agency had long “prejudged” and “never been objective” in resolving the deportation case.
Fox said the BI’s bias against her was proven when the BI stated in its resolution ordering her deportation that President Duterte has already spoken on the issue, thus, the BI board of commissioners, under the doctrine of qualified political agency or alter ego principle, has to abide by the statement of the President.
The nun told the DOJ that to uphold the BI’s reasoning in ordering her deportation would be to state that decisions should be based on the public pronouncement of the President regardless of the merits of the case and the arguments presented by the parties.
“Even while the BI argues in its comment that it based the assailed decision on the intelligence report…and not on the pronouncement of the President, again the report…failed to provide the proper context of the activities participated by the petitioner,” the nun said.
“The report is also based on hearsay information [and] sloppy intelligence report by mere social-media stalking. Hence, there is no substantial evidence to support the decision in this case because hearsay information is not evidence,” she added.
Fox urged the DOJ to exercise “prudence and careful evaluation” of the evidence presented against her during the deportation proceedings as an adverse ruling would have “far-reaching and destructive effects” on the foreigners in the country.
She maintained that her alleged participation in so-called political activities in the country were done in the exercise of “constitutionally and universally recognized and protected rights to freedom of expression and assembly, and free exercise of religious freedom,” Fox pointed out.
The 71-year-old missionary is being accused of violating the terms and conditions of her visa when she participated in rallies, news conferences and fact-finding missions.
Fox’s camp has insisted that the nun’s participation in dialogues with the farmers, indigenous people and the poor is part of her religious work.
In its July resolution, the BI found that Fox violated “the limitations and conditions of Commonwealth Act 613, Section 9 [g] missionary visa and undesirable under Article 2711, Section 69 and order her deportation to Australia, subject to her submission of all appropriate clearance and the inclusion of her name in the BI’s blacklist, thus barring her reentry into the country.”
The bureau cited as basis for its order several photographs showing that she engaged in several partisan political activities sometime in 2013, 2016, 2017 and 2018—including those where she reportedly demanded for the release of political prisoners, joined the rallies for land distribution in Hacienda Luisita, and a labor rally in Davao City.
The BI also considered statements made by President Duterte that the Australian nun is an undesirable alien following her participation in protest rallies.