DOJ: Fox may stay pending appeal

Australian missionary Sister Patricia Fox may not be forced to leave the country anytime soon.

Justice Secretary Menardo Guevarra on Monday said the deportation order issued by the Bureau of Immigration (BI) against the 72-year-old Catholic nun had been temporarily stalled after she filed a motion for reconsideration.

‘Undesirable alien’

As a matter of policy, he said Fox’s appeal would have to be resolved first before the BI could banish her from the Philippines for allegedly being an “undesirable alien.”

“The deportation order cannot be enforced until it becomes final,” Guevarra said.

“With the filing of the appeal, the deportation will not be executed,” he added.

Basis of deportation

In a 25-page motion for reconsideration, Fox, accompanied by her lawyers from the National Union of Peoples’ Lawyers, said the basis of the deportation order against her was purely speculative, saying it was based on an unsubstantiated report.

She said the BI relied mostly on the report of intelligence agent Melody Penelope Gonzales, including various photographs downloaded mostly from social media sites.

“Technically, the statements contained in such report are hearsay and mere allegations of wrongdoing and cannot be made a basis for the deportation of the respondent,” she said.

Fox said the bureau had “no choice” but to abide by President Duterte’s remarks against her and had “already prejudged the case.”

Should the immigration bureau reject her appeal, the justice secretary said Fox might bring the matter to the Office of the President or the Department of Justice (DOJ), which has administrative supervision over the BI.