Pinay OFW in Trouble As Husband Discovers Her Affairs Abroad
A court in Hong Kong has dismissed a petition of a Filipina domestic worker who wanted to remain in the city claiming that her husband allegedly threatened to kill her after discovering she had affairs with other men, a report by Hong Kong News said.
Gennelyn D.D., 33, wanted Hong Kong’s High Court to review the Torture Claims Appeals Board which denied her asylum application.
“She has no realistic prospect of success in the sought judicial review”, Deputy High Court Judge Josiah Lam said about Gennelyn’s application in a statement, citing that her complaints are not reasonably arguable.
Gennelyn had married her husband, Warren, in 2007 and they have two children. The Filipina claimed Warren was an alcoholic and had “nearly killed her.”
The judge said the applicant left her husband for good in June 2014, and arrived in Hong Kong to work as domestic helper. She later started a relationship with an Indian man. When her employment contract was terminated on Dec. 5, 2014, Gennelyn returned to the Philippines. Gennelyn confessed she did not go home but Warren eventually tracked her down.
“One day, Warren found out from the applicant’s mobile phone that she had an affair with the Indian man. Warren threatened to kill the applicant if she would go to Hong Kong again,” Judge Lam said.
But she managed to return to Hong Kong in February 2015 to work again as a domestic helper, the judge added. The woman claimed she stopped seeing the Indian man but Warren continued to send threatening messages to her due to her adultery.
“The applicant started another relationship with a Pakistani man in Hong Kong. Warren found it out too. He kept on threatening the applicant. The applicant was in fear,” the judge said.
Gennelyn’s contract was terminated on June 30, 2015 but she overstayed in Hong Kong for nine days before surrendering to the Immigration Department and filing an asylum bid.
However, the Immigration Department denied in August 2017 her asylum bid because there was no credible risk of torture, persecution, cruel or inhuman punishment, or threat to life against Gennelyn.
She appealed to the Torture Claims Appeals Board but the adjudicator in April 2018 ruled that Gennelyn’s case was only “a case of domestic violence.”
“The adjudicator found Warren’s death threats were merely verbal. The applicant had never been inflicted with ill-treatment… Her complained situation did not qualify as ‘torture’ within the meaning of section 37U(1) of the Immigration Ordinance,” Judge Lam said.
“The adjudicator also noted the applicant had no contact with Warren for a long time. There was no evidence Warren would bother to look for the applicant in the Philippines,” he said.
The judge also noted that Gennelyn, who failed to appear during her hearing at the High Court, could ask for help from the Philippine government and she could also “relocate” to a place in the Philippines where her husband cannot find her.
“I have reviewed the adjudicator’s decision under ‘rigorous examination and anxious scrutiny’. The adjudicator had proper basis for his finding…and decision which were not unreasonable,” Judge Lam said.