THE Department of Justice (DOJ) has nullified the Bureau of Immigration's order that revoked the missionary visa of Australian missionary Sister Patricia Fox for lack of legal basis.
In a resolution issued on Monday, June 18, the DOJ said that until a final resolution on both cases is reached or until the visa of Fox expires, whichever comes first, she may stay in the country and continue to perform her missionary duties.
In the resolution, Justice Secretary Menardo Guevarra said that visa forfeiture is not among the powers accorded to the BI.
"Our existing immigration laws outline what the BI can do to foreigners and their papers- including visas - when they commit certain acts within Philippine teritory. What the BI did in this case is beyond what the law provides, that is why it has to be struck down," Guevarra said.
"The BI cannot simply create new procedures or new grounds to withdraw a visa already granted to a foreigner," Guevarra said.
Guevarra, in the resolution ordered the BI to study whether the charge and the evidence against Fox make out a case for visa cancellation.
"The BI treated this case as visa forfeiture instead of one for visa cancellation. As a result the Bureau has yet to decide whether the supposed actions of Fox do indeed justify the cancellation of her visa. It would therefore be premature for us at the DOJ to decide that matter now. For that reason, we are returning this case to the BI for its proper disposition," said Guevarra.
The DOJ has also directed the BI to hear the visa cancellation case along with the deportation proceedings against Fox.
Last May 24, the BI affirmed its April 23 order revoking the missionary visa of Fox and ordering her to leave the country within 30 days for violating the conditions of her stay in the country by engaging in political activities.
This decision by the BI prompted Fox to seek redress the DOJ saying that there should have been a hearing before the BI decided to forfeit her missionary visa as she has the right to due process of law. (Keith A. Calayag/SunStar Philippines)