High Court rejects Filipina mothers’ bids to stay in HK
Two women from the Philippines who gave birth to children in Hong Kong now face deportation after lengthy court battles
Two Filipinas who had been domestic workers and who had given birth to children in Hong Kong have failed to overturn deportation orders from the Immigration Department in a case heard by a court last month.
On March 23, High Court judge Thomas Au dismissed their bids to overturn the deportation orders, saying the applicants failed on all grounds to seek a judicial review, sunwebhk.com reported.
The two women had fought the deportation orders for some time. The two appeared in the High Court on Jan. 27, 2016, when they were identified as RMA and GDC and their cases were heard separately but on the same day. That court heard that both were mothers of children born to Hong Kong residents and both women had overstayed their visas.
The court was told the woman identified as RMA had entered Hong Kong in 1998 as a domestic worker, but her contract ended in June 2002. At the time she had given birth to a child, fathered by her Filipino lover, a permanent resident in Hong Kong. The child also became a permanent resident of Hong Kong.
However, when the baby’s father left, RMA surrendered with the child to the Immigration Department in April 2007 and both were allowed bail. The Immigration Department issued a removal order in 2008, but RMA later lived with a Nigerian asylum seeker with whom she had a daughter in 2011 and a son in 2012.
The other applicant challenging deportation, identified in court as GDC, arrived in Hong Kong in 1999 as a domestic worker, but her contract ended in 2010. She was pregnant at the time, the court heard. She then overstayed her visa and gave birth in 2011 to a child who became a permanent resident in Hong Kong.
She told the Immigration Department she was afraid to go back to the Philippines as her husband and parents did not know she had a child in Hong Kong and claimed she later discovered she had overstayed her visa by more than a year.
In January 2012, she also lodged a torture claim, saying her husband had threatened to kill her and her child if they returned to the Philippines. The torture claim was still being processed at the time.
The two cases were granted leave for judicial review on March 30, 2015, and the Immigration Director filed his evidence opposing the applications in Aug. 2015. Judge Au said the applicants failed in all their grounds of judicial review and dismissed the applications.