BI desperate to downplay impact of Sister Fox’s cancelled visa —lawyers

The lawyers of Australian nun Patricia Fox on Tuesday accused the Bureau of Immigration (BI) of trying to downplay the effects of its forfeiture of her missionary visa for alleged political activities.

The missionary's legal counsels said the BI was "absolutely mistaken" in claiming that it was not clipping her rights.

"The BI is clutching at straws in its attempt to downplay the effects of a visa forfeiture claiming that what it forfeited was Petitioner's privilege to continue using her missionary visa and 'does not involve her right to freedom of speech and assembly'," Fox's lawyers said in their reply to the bureau's answer to Fox's appeal before the Department of Justice (DOJ).

"This attempt at curtailing basic rights of free speech and peaceful assembly accorded to every person in Philippine territory through deviously masquerading as an exercise of the plenary powers and sovereignty of the State must fail. To allow it to happen is like sanctioning a Draconian measure that can be utilized by the State to suppress dissent and criticisms," they added.

Fox is accused of joining prohibited partisan political activities. She was investigated upon a directive from President Rodrigo Duterte, who had been averse to foreigners criticizing his presidency.

According to the DOJ the 71-year-old nun has until June 18 to fly out, contrary to the BI's earlier deadline of May 25. 

Her lawyers said the BI had not justified its cancellation of the religious worker's missionary visa, saying the content of intelligence report upon which the bureau's orders were based had not been verified.

Deportation must not be carried out "arbitrarily," considering its "adverse effect," the lawyers said.

They also said that the nun's participation in rallies and fact-finding missions did not amount to violations of the law, adding that she did not threaten the country's peace, order and security by "merely exercising her right."

The BI's order forfeiting her missionary visa trespassed her right to due process and baselessly restricted her rights to freedom of expression and peaceful assembly, they said.

"She is being punished for the exercise of such rights accorded to all people, citizen or not, sojourning in the Philippines," the lawyers said in the reply. 

"It is an attack and retaliation for expressing and asserting her valid and legal beliefs and advocacies as a missionary nun. These deserve protection and not punishment," they added.

Fox is represented by attorneys from the National Union of People's Lawyers.

A member of the Sisters of our Lady of Sion, Fox has been doing pro-peasant missionary work in the Philippines for 27 years. —NB, GMA News