Tokyo court stops deportation of Filipino man with child struggling with Down Syndrome

[Aepsilons]

An honorable act of clemency by Hon. Yutaka Taniguchi.


The Tokyo District Court dismissed a deportation case filed against a Philippine national illegally residing in Japan. The 47-year old Filipino, who has a child suffering from Down Syndrome, was allowed to stay in the country to help the child receive the medical treatment needed.

Entering Japan illegally in 1997, the man was found by immigration authorities in 2009. The Tokyo Regional Immigration Bureau filed a deportation case in May 2012, which the man has sought to be nullified by the Tokyo District Court. His wife, who came into the country eight years after him has already acquired a permanent resident status. They have two children, with the youngest suffering from Down Syndrome and going to a special school for the disabled. The child also needs thyroid medication treatment every three months.

Presiding judge Yutaka Taniguchi allowed the man to stay mainly due to the special needs of his child. He knew of the limited opportunities for “necessary treatment in the Philippines”, with minimal schools and teachers that offer specialized education, the kind that the man’s child needs. “There is a need to care properly for the child. But if the father is deported, the family he leaves behind will be in an extremely difficult position (financially),” he said. Though immigration officials noted that the child is already of age to adapt to life in the Philippines, the judge denied their argument and ruled in favor of the Filipino man.

Tokyo court stops deportation of Filipino man with child struggling with Down Syndrome - The Japan Daily Press

 

[Cossack25A1]

An honorable act of clemency by Hon. Yutaka Taniguchi.


The Tokyo District Court dismissed a deportation case filed against a Philippine national illegally residing in Japan. The 47-year old Filipino, who has a child suffering from Down Syndrome, was allowed to stay in the country to help the child receive the medical treatment needed.

Entering Japan illegally in 1997, the man was found by immigration authorities in 2009. The Tokyo Regional Immigration Bureau filed a deportation case in May 2012, which the man has sought to be nullified by the Tokyo District Court. His wife, who came into the country eight years after him has already acquired a permanent resident status. They have two children, with the youngest suffering from Down Syndrome and going to a special school for the disabled. The child also needs thyroid medication treatment every three months.

Presiding judge Yutaka Taniguchi allowed the man to stay mainly due to the special needs of his child. He knew of the limited opportunities for “necessary treatment in the Philippines”, with minimal schools and teachers that offer specialized education, the kind that the man’s child needs. “There is a need to care properly for the child. But if the father is deported, the family he leaves behind will be in an extremely difficult position (financially),” he said. Though immigration officials noted that the child is already of age to adapt to life in the Philippines, the judge denied their argument and ruled in favor of the Filipino man.

Tokyo court stops deportation of Filipino man with child struggling with Down Syndrome - The Japan Daily Press

Sadly, I am embarrassed that many Filipinos go "T-N-T" in other countries.

 

[Aepsilons]

Sadly, I am embarrassed that many Filipinos go "T-N-T" in other countries.

What's the meaning of TNT ?

 

[Cossack25A1]

What's the meaning of TNT ?

TNT in Filipino slang means "Tago ng Tago", in English means "Always Hiding" from authorities. This are basically Filipinos that leave the country using a tourist visa and eventually lay low when their tourist visa expires though some seek jobs in other country even though they are using tourist visa. They hide from both the immigration officials of the country they are in and the PH embassy.

 

[Aepsilons]

TNT in Filipino slang means "Tago ng Tago", in English means "Always Hiding" from authorities. This are basically Filipinos that leave the country using a tourist visa and eventually lay low when their tourist visa expires though some seek jobs in other country even though they are using tourist visa. They hide from both the immigration officials of the country they are in and the PH embassy.

Ah, that makes sense. Thanks for the explanation.

 

[Cossack25A1]

Ah, that makes sense. Thanks for the explanation.

You're welcome.

It is not really surprising that some Filipinos stay in another country for sometime illegally as the other ways to go overseas for a job is either the legal way which takes some time or the other illegal way which involves employment agency scam.

 

[Aepsilons]

You're welcome.

It is not really surprising that some Filipinos stay in another country for sometime illegally as the other ways to go overseas for a job is either the legal way which takes some time or the other illegal way which involves employment agency scam.

I can understand the reasons why Japanese Bureau of Immigration is against breach of visa purpose. The Filipinos that stay in Japan longer than intended end up working menial jobs , or get paid under the table. And because of this, they can be subject to abuse by their employer(s) , for fear of being reported. And I think this is unfair for them. They should at least apply for working visa when to arrive to Japan.

For this case I can understand why the JBI were trying to deport the father because of his not being registered. But there are cases of Filipino mothers with half Japanese half Filipino children. And the mother being deported back to the Philippines, leaving the child (a Japanese national and citizen) in Japan. This is a psychological tragedy for the child. And as such, JBI officials should consider being more lenient.

 

[Cossack25A1]

I can understand the reasons why Japanese Bureau of Immigration is against breach of visa purpose. The Filipinos that stay in Japan longer than intended end up working menial jobs , or get paid under the table. And because of this, they can be subject to abuse by their employer(s) , for fear of being reported. And I think this is unfair for them. They should at least apply for working visa when to arrive to Japan.

For this case I can understand why the JBI were trying to deport the father because of his not being registered. But there are cases of Filipino mothers with half Japanese half Filipino children. And the mother being deported back to the Philippines, leaving the child (a Japanese national and citizen) in Japan. This is a psychological tragedy for the child. And as such, JBI officials should consider being more lenient.

It is not only in Japan that has this kind of issue with Filipinos as my father was assigned in the HP embassy in Kuala Lumpur from 2007 to 2013 and one of the issues they handle are the Filipinos that were detained due to illegally staying in Malaysia as well as those who work on brothels without any proper paperwork. One reason of why some Filipinos do not apply for working visa is likely monetary issue and that tourist visa can be acquired faster than working visa.

I can't say much about the children with mixed ancestry although during my contractual days in the Dept. of Tourism here in the PH, there are a lot of Filipino women with Japanese surname arriving from Japan, some of which come here with the Japanese husbands.

 

[Aepsilons]

It is not only in Japan that has this kind of issue with Filipinos as my father was assigned in the HP embassy in Kuala Lumpur from 2007 to 2013 and one of the issues they handle are the Filipinos that were detained due to illegally staying in Malaysia as well as those who work on brothels without any proper paperwork. One reason of why some Filipinos do not apply for working visa is likely monetary issue and that tourist visa can be acquired faster than working visa.

I can't say much about the children with mixed ancestry although during my contractual days in the Dept. of Tourism here in the PH, there are a lot of Filipino women with Japanese surname arriving from Japan, some of which come here with the Japanese husbands.

That is very interesting information you shared about the situation of Philippine citizens in Malaysia. I didn't know that visas were required for ASEAN members, I thought it was waved for the member states. Could you please clarify for me?

In regards to Japanese children who are born to foreign mothers, or Japanese children of foreign father. I want to go into detail of Japanese Nationality Law. Japanese Nationality is based on Jus Sanguinis, meaning Right of Blood. If a child is born to either a Japanese mother or Japanese father, then that child is automatically a Japanese National and Citizen of Japan.

The problem we are experiencing in deporting illegal residents of Japan is that they bring their children with them. In the case of Filipina mothers who have mixed-race children, when the Filipina is found guilty of overstaying and residing illegally in Japan, they take their children with them. And these children are not Filipino citizens because these children are born in Japan and are Japanese by blood. JBI usually end up going to the Philippines to reclaim the children and bring them back to Japan. The problem is that there are thousands of Japanese children in the Philippines because their mothers have brought them back there.

 

[Cossack25A1]

That is very interesting information you shared about the situation of Philippine citizens in Malaysia. I didn't know that visas were required for ASEAN members, I thought it was waved for the member states. Could you please clarify for me?

In regards to Japanese children who are born to foreign mothers, or Japanese children of foreign father. I want to go into detail of Japanese Nationality Law. Japanese Nationality is based on Jus Sanguinis, meaning Right of Blood. If a child is born to either a Japanese mother or Japanese father, then that child is automatically a Japanese National and Citizen of Japan.

The problem we are experiencing in deporting illegal residents of Japan is that they bring their children with them. In the case of Filipina mothers who have mixed-race children, when the Filipina is found guilty of overstaying and residing illegally in Japan, they take their children with them. And these children are not Filipino citizens because these children are born in Japan and are Japanese by blood. JBI usually end up going to the Philippines to reclaim the children and bring them back to Japan. The problem is that there are thousands of Japanese children in the Philippines because their mothers have brought them back there.

Doing a little research, it seems that while there is a visa-free for ASEAN members, the visa is free for a determined number of days, in the case of Malaysia, a Filipino (or anyone from ASEAN) can stay there for a month, visa-free but after that, you have to pay to extend your stay.

I see. Well for the children, that could be a problem due to either culture difference or something else as it is hard to pinpoint the main reason why Filipino women bring the children with them if they get deported.