So even if you do things legally and the courts acquit you you still get deported?

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Jollygoodfellow
Posted
Posted

What nonsense. This guy has ran a family restaurant here for 25 years. He was found to be doing things legally but then they want to deport him anyway. In a news report they say he is taking Filipinos hobs but he is employing Filipinos. I've given up on the smallest amount of common sense in this country.

PRESS RELEASE
10 June 2021
Aliens cleared of criminal cases
can still be deported - BI
MANILA, Philippines—The Bureau of Immigration (BI) said an alien’s acquittal on a criminal case does not mean he can no longer be deported for violation of Philippine immigration laws.
This was emphasized by the BI when it ruled on the case of a Swiss-Italian national who, despite his court acquittal, was ordered deported by the bureau for being an undesirable alien.
In a five-page order issued by the BI board of commissioners last May 28, the bureau ordered the immediate deportation of Alfred Josef Honegger, 67, who was found as an undesirable alien for intervening in the management, operation, administration, and control of a restaurant in Cordova, Cebu.
Chaired by BI Commissioner Jaime Morente, the 3-man board concurred with the findings of the Bureau’s Board of Special Inquiry (BSI) that Honegger’s activities deprived Filipinos of jobs and business opportunities which should have been strictly reserved to them.
Honegger earlier sought the dismissal of his deportation case as some of the criminal complaints filed against him were dismissed by the Cebu provincial prosecutor’s office.
But the BI stressed that the criminal conviction of an alien is not a prerequisite to his deportation because unlike a criminal proceeding, deportation is an administrative action where the evidence required is not the highest quantum of proof beyond reasonable doubt.
It said that the lowest standard of substantial evidence applies in an alien’s deportation as the proceeding is only administrative in character, summary in nature, and need not be conducted strictly in accordance with the rules of court. 
“The acquittal of an accused in a criminal case does not bar the deportation of an alien, who has been established by competent evidence to have committed acts contrary to morals, good customs, public order, or public policy,” said the BI.  “Conviction of a crime is not necessary to warrant deportation,” the BI further stated.
It added that it found numerous evidence to establish the Honegger is an undesirable alien by intervening in a business strictly reserved to Filipinos.
The BI board ruled that Honegger’s presence in the country poses a risk to public interest and ordered his inclusion in the bureau’s blacklist. https://www.facebook.com/officialbureauofimmigration

 

 

MANILA - Foreigners acquitted of criminal charges can still be deported, the Bureau of Immigration said Thursday. 

The bureau made the clarification following the decision to deport a Swiss-Italian national for being an "undesirable alien" even after his acquittal of court charges.

Immigration bureau tightens work permit application for foreigners
In an order released by Immigration’s Board of Commissioners last May 28, they ordered the immediate deportation of one Alfred Josef Honegger for allegedly interfering with the management and operations of a restaurant in Cordova Cebu. 

Immigration saw that Honegger’s acts deprived Filipinos of work and business opportunities. 

Honegger first appealed to have his deportation case dismissed because the Cebu provincial prosecutor’s office dismissed his criminal case. 

But according to the BI, criminal cases and deportation proceedings differ because deportation is administrative in character and is not necessarily in line with the rules of court. 

“The acquittal of an accused in a criminal case does not bar the deportation of an alien, who has been established by competent evidence to have committed acts contrary to morals, good customs, public order, or public policy. Conviction of a crime is not necessary to warrant deportation,” Immigration said in a statement. 

Immigration saw pieces of evidence that show that Honegger is an undesirable alien that interfered with business opportunities for Filipinos, and that it was a threat to public interest. 

The BI has since ordered placing Honegger on their blacklist.

https://news.abs-cbn.com/news/06/10/21/foreigners-with-dismissed-criminal-charges-can-be-deported-immigration

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Old55
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Posted (edited)

There's more to this story. Who did Mr. Honegger anger?

Edited by Old55
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Shady
Posted
Posted
28 minutes ago, Jollygoodfellow said:

 Honegger is an undesirable alien by intervening in a business strictly reserved to Filipinos.

If only Western nations had similar immigration protocols! :whistling:

 

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Dave Hounddriver
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Some of us have said all along that these things happen while other members say these things are all stories.  Hands up all who are surprised at this.

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Mike J
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3 hours ago, Jollygoodfellow said:

It said that the lowest standard of substantial evidence applies in an alien’s deportation as the proceeding is only administrative in character, summary in nature, and need not be conducted strictly in accordance with the rules of court. 

It is the above statement is the part that bothers me the most.   And I would not be surprised if the restaurant now goes out of business leaving the Filipino workers to try and find new jobs.

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Dave Hounddriver
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4 hours ago, Jollygoodfellow said:

the bureau ordered the immediate deportation of Alfred Josef Honegger, 67, who was found as an undesirable alien for intervening in the management, operation, administration, and control of a restaurant in Cordova, Cebu.

Its the "control of a restaurant" part that goes agains the Foreign Investment Negative List.  The BI never did need a court order or a guilty verdict to decide if a foreigner gets blacklisted.  They are accuser, judge, and penalizer.  I am sure the guy knew that but after 25 years he got overconfident, and filipinos are starting to know their rights more so someone turned him in.

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Explorer
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Posted

This is the law, DEPORTATION OF ALIENS, Sec. 37, #11

"Any alien who engages in profiteering, hoarding, or black-marketing, independent of any criminal action which may be brought against him;"

Anybody know what was the criminal charge against him? Could it be something completly unrelated like employee complaining of abuse?

https://perma.cc/VHL4-TUDG

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Jollygoodfellow
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2 hours ago, Mike J said:

And I would not be surprised if the restaurant now goes out of business leaving the Filipino workers to try and find new jobs.

From what I read and dont know if its true but the guy was also teaching Filipinos how to cook. Again this is only hearsay and I dont know but obviously someone had to make a complaint about something. Could be even his wife wanting to take over and get rid of him.

But yes it's a no thanks society for all the work he has done and staff that he helped feed their kids by employment.

Website of restaurant, https://www.swiss-italian-restaurant.com/

Facebook group but you have to be a group member, https://www.facebook.com/groups/WhereToEatinCebu 

Food looks really good

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graham59
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Posted

Woe betide a horrid poriner daring to demonstrate how things COULD be done. :rolleyes:

My first instinct would be that he declined somebody 'important' their 'tea money'. 

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scott h
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7 hours ago, Jollygoodfellow said:

This guy has ran a family restaurant here for 25 years.

There has to be more to the story, there just has to be. If he was here for 25 years, we must assume he is married to a Pinay and the restaurant is under her name. If it is not then he should be deported for being stupid :hystery:.

There is a Canadian here that "runs" a chain of Italian restaurants, high scale, hi visibility. Named after his late wife. I have to assume they are now registered in his children's names. Talk to him all the time he has never mentioned that he had any problems like this :89:

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