Tuesday, July 2, 2013

Complaints Form: Offloading of Passengers

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Subject of Complaint*:Offloading of Passengers
Details of Complaint*:Bureau of Immigration National Operations Center
1:57 PM (20 hours ago)

to me
Mohammad Ismail (mohamadisma@gmail.com) 01 July

Dear Mr. Ismail,

Please be informed that the Bureau of Immigration has the authority to offload departing passengers if deemed necessary and reiterating that Right to Travel is not absolute. Currently the bureau is implementing strict departure formalities pursuant to Republic Act No. 9208, otherwise known as the "Anti-Trafficking in Persons Act of 2003" and its Implementing Rules and Regulations (IRR), Republic Act No. 8042, otherwise known as the "Migrant Workers and Overseas Filipino Act of 1995" as amended by Republic Act No 10022 and other related laws. Corollary to this is the declaration that Right to Travel is Not Absolute pursuant to Supreme Court's en banc decision A.M. No. P-11-2927 dated Dec. 13, 2011 states;

3] The "Anti- Trafficking in Persons Act of 2003" or R.A. No. 9208. Pursuant to the provisions thereof, the Bureau of Immigration, in order to manage migration and curb trafficking in persons, issued Memorandum Order Radjr No. 2011-011,[12] allowing its Travel Control and Enforcement Unit to "offload passengers with fraudulent travel documents, doubtful purpose of travel, including possible victims of human trafficking" from our ports.

Hence, immigration officers are bound to verify all documents required to be presented depending on the passenger's purpose of travel. Verification likewise involves questioning, profiling, assessment and even referral of passengers for secondary inspection.

This is also for purposes of ascertaining the truthfulness of the declaration or statement of the passenger in connection with the scheduled travel. Any ambiguity or resulting inconsistency therewith, the immigration officer is bound to disallow the passenger's departure from the country. Thank you.

Should you have other immigration-related queries, please do not hesitate to call the BI Helpdesk HOTLINE (632) 524-3824 or (632) 524-3769, visit our website at www.immigration.gov.ph or like us on Facebook: officialbureauofimmigration and follow us on Twitter: immigrpationPH.

Click here to Reply or Forward

Mohammad Ismail <mohamadisma@gmail.com>
7:39 AM (2 hours ago)

to Bureau
This message has been deleted. Restore message
Dear Sir,
Thank you for your reply dated 2 July 2013 on this matter
However, allow me to ask you further questions:-
1. Do you consider my friend Ruby Mendoza Lopera was not qualified to travel abroad after the interview by the Immigration Officers ?
2. If not qualified, why she was not issued with a requirement slip and not given reasons for offloading her on 24th May 2013 as required in your Guidelines ? Was it an overlook on the part of the Immigration Officers ? If so, do you trust and believe such Immigration Officers in making decision to offload my friend when they failed to enforce the procedure in accordance to your Guidelines ?
3. It was quite acceptable when my friend Ruby was offloaded first time on 8th May 2013 as she had insufficient proof to travel as a tourist as required in your Guidelines.The Immigration Officers referred her to the Guideline and advised her to present all the necessary requirements as stipulated in the Guidelines if she intended to travel abroad as a tourist again. Why was it after she had complied and satisfied all the necessary requirements in the
Guidelines she was still offloaded again on 24th May 2013 by the Immigration Officers without any specific reasons given..This time she was able to provide and satisfy all the necessary requirements needed in the Guidelines to the Immigration Officers as below :-
i } Valid Passport
ii } Two way tickets
iii ) Confirmed original room reservation voucher with receipt of payment for a duration of 5-day visit
iv) Show money of 15000 Pesos and Ringgit Malaysia 500 together with her saving account book as her financial capacity to travel abroad for a duration of 5-day visit as a tourist.
iv) Her business permit to prove that she is self-employed and earning in the Philippines
v) Was she on Court Order or Adverse Record of your Authorities to bar her from traveling abroad ?
vi} A few days thereafter she was offloaded, she and her mother went to the Immigration Bureau to make an official complaint to the responsible officer but she was refused. Instead they were met by the Agents who advised her to prepare all the necessary requirements as required in the Guidelines if she intended to travel abroad again. However, no statement was recorded when she met the Agents. Why was she not given an opportunity to file an official complaint to the Immigration Bureau ?
I found that she had fulfilled all the necessary requirements needed in the Guidelines and yet I could not understand as to why she was disallowed to travel this time. Instead the Immigration Officers had threatened to blacklist her in the offloading list for the rest of her life..This is a clear oppression and abuse of power by the Immigration Officers and that no justice was given to my friend Ruby
I have read and fully comprehended your Guidelines On Departure Formalities For International-bound Passengers in the Philippines but i am still in the dark and dissatisfied over this incident. I hope your reply to my queries would be specifically addressed to Ruby's case, please..
Thank you,
Best Regards,
Mohammad Ismail
Kuala Lumpur Malaysia
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1 comment:

  1. Dear immigration sana nmn maging patas kyo sa mga kababayan nyo, malinaw nmn na pag ang mag to tourist ay may negosyo pwdeng umalis lalo na pag completo ang documents sobra na kyo wala kyong karapatan hnd na makatao ang ginagawa ninyo. May pera nmn natural may karapatan mag tourist kahit saan nya gsto. Sana mag isip isip nmn kayo.