QuestionsQuestions (DOJ ORDER NO. 94)
It was anchored on Section 47(b) of Commonwealth Act No. 613 (Philippine Immigration Act of 1940), as amended, and the delegation under Presidential Decree No. 830 (27 Nov 1975) and Letter of Implementation No. 47 (18 Aug 1976) to the Secretary of Justice.
An applicant who, owing to a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group, or political opinion, is outside his country of nationality and is unable or unwilling to avail of that country’s protection; or, if stateless, is unable or unwilling to return to his former habitual residence due to such fear.
A person may not be granted refugee status if (1) he already has refugee status in another country and enjoys effective protection there; or (2) his prior application for refugee status was denied by the Government or UNHCR, unless he presents substantive new information not previously disclosed.
Ineligibility (Sec. 5) refers to conditions barring approval (e.g., effective protection in another country; prior denial without new material facts). Disqualification (Sec. 6) refers to serious grounds for exclusion based on allegations of serious international crimes or acts contrary to UN purposes (crime against peace/war crime/crime against humanity; serious non-political crime prior to entry; act contrary to UN purposes).
It provides that an applicant during pendency or a granted refugee shall not be expelled or returned to a country where there are valid reasons to believe that his life or freedom would be threatened on the specified grounds (race, religion, nationality, particular social group, or political opinion).
The applicant shall not be punished on account of illegal entry or presence, provided he presents himself without delay to the authorities and/or shows good cause for his illegal entry or presence.
When: at the time of entry or at any reasonable time thereafter (Sec. 7). Where: directly with the Secretary, or in the central office or any field office of the Bureau at the port of entry/admission; in the latter case the Bureau office forwards it to the Secretary within ten (10) days (Sec. 8).
The application must be in the form prescribed by the Secretary, accomplished in triplicate, placed under oath or affirmation, and the applicant’s right thumbprint must be affixed to the application (Sec. 9).
A passport-size color photograph, without hat or glasses, taken within thirty (30) days of the application date, with a white background, glossy, unretouched, and not mounted (Sec. 10).
The passport or other travel document; national/state identification or similar identity document; marriage certificate or similar document for the spouse; and birth certificate, baptismal certificate, or other evidence of birth for dependent children (Sec. 11).
If the Secretary finds the application complete in form and accompanied by all required documents, he gives due course and interviews the applicant to determine the veracity of the allegations (Sec. 12).
Upon receipt of notice of due course, the Commissioner must suspend all cases for deportation or exclusion being undertaken by the Bureau for alleged violations inherent to illegal entry or residence (e.g., absence of valid travel documents) (Sec. 13).
The Commissioner may order provisional release under the recognizance of a responsible member of the community; in proper cases, the applicant may be required to post a bond in an amount fixed by the Commissioner for release. A certified true copy of the release order is sent to the Secretary (Sec. 13).
The applicant may be represented by counsel; have an interpreter if necessary; request that the interview be conducted in private; and upon request, have access to UNHCR (Sec. 14).
The applicant must provide all relevant and true information in the interview to prove his claim; any person included in the application may present evidence to support the claim (Sec. 15).
Within thirty (30) days after the last date of the interview, unless further inquiry is required (Sec. 16).
The applicant may file a motion for reconsideration with the Secretary within fifteen (15) days from receipt of the adverse decision (only one motion allowed), and the Secretary must act within fifteen (15) days from receipt. A judicial appeal may then be filed from the denial of the motion for reconsideration (Secs. 20-21).
If finally disapproved, the Commissioner determines whether the applicant is to be removed from or permitted to remain. Any pending immigration case against the applicant suspended under Sec. 13 is automatically reactivated, and the applicant may be rearrested and placed in detention (Sec. 18).