SISTER Patricia Anne Fox filed on Friday a supplemental motion for reconsideration (MR) asking the Bureau of Immigration (BI) to reverse its order to forfeit her missionary visa.
The Australian nun said the basis for her visa’s cancellation is not in the BI Omnibus Rules of Procedure of 2015.
“It is not shown, and it is not even mentioned, in the assailed Order that any of the grounds for cancellation of a visa is present in this case,” the supplemental MR read.
Rule 12, Section 4 states that a visa may be cancelled if: (a) the legal or factual basis for which the visa was issued no longer exists or (b) respondent acquired the visa through fraud, misrepresentation or concealment of a material fact.
The BI charges, however, only claimed Sr. Patricia violated the conditions of her Missionary Visa when she rendered apostolic and missionary work outside of Quezon City.
“As may be seen from the above-stated BOC Orders, subject has violated the jurisdiction within which subject has manifested that she will render apostolic and missionary work namely, Barangay Amihan, Quezon City,” BI Intel Agent Melody Penelope B. Gonzales said, as cited by Sr. Patricia’s counter-affidavit.
Further, Rules 12 and 13 of the Omnibus Rules of Procedure required respondents to receive a copy of the petition for visa cancellation and also allowed them the opportunity to refute the allegations.
In her counter-affidavit, Sr. Patricia said she received on April 24 a copy of the memorandum issued on April 23, which recommended the cancellation of her visa and her deportation. She noted that prior to her receiving the memorandum, the BI already ordered the forfeiture of her visa and downgraded it to temporary visitor’s visa.
“Clearly, the respondent’s right to due process was blatantly violated, since the cancellation and downgrading of her visa was not in accordance with the grounds and manner required by law for such cancellation,” the MR stated.
The supplemental MR follows her motion for reconsideration filed earlier on April 30, in which she argued the evidences presented by BI Intel Agent Gonzales failed to establish she was engaged in political activities.
Sr. Patricia made headlines in April when she was arrested in Quezon City and was detained at the BI Office in Intramuros, Manila for almost 24 hours. She was released the next day on the order of Commissioner Jaime H. Morente. — Charmaine A. Tadalan
