Lolly Ink :: Hannah

Two emails received from Philippine Consulate General in Sydney, NSW Australia:

Email 1 ...

Attachment: DOC090408-008.pdf

Message:

From: "Philippine Consulate General" <contact@philippineconsulate.com.au>
To: "'HMI Guy'" <hmi.guy@hotmail.com>
Subject: RE: Law Regarding DSWD Clearance At Immigration 
Date: Wed, 8 Apr 2009 13:09:22 +1000

Dear Mr. Littler,


The Philippine Consulate General in Sydney received your email dated 8 April
2009 on the law regarding DSWD Clearance for minors departing the
Philippines. We wish to refer to DSWD Administrative Order No. 02 dated 2
April 2006 titled "Amendments to Omnibus Guidelines for Minors Traveling
Abroad", which amends DSWD Administrative Order No. 14 of 2005.

 

Quoting the Section 1.1 of the General Policies of AO 02 of 2006:

 

xxx

 

1.1  A travel clearance is required and shall be secured from the DSWD by
the following Filipino citizens:

 

1.1.1        a minor traveling alone to a foreign country except under
special circumstances where a minor whose parents are in the foreign
services or are living abroad or are immigrants provided he/she is holding a
valid pass such as a dependent's visa/pass/identification card or permanent
resident visa/pass/identification card which serve as proof that he/she is
living with parents abroad;

 


1.1.2        a minor traveling to a foreign country accompanied by a person
other than his/her parents.

 

xxx

 

The child Hannah falls under the special circumstance of Section 1.1.1,
whose parents "are living abroad or are immigrants provided he/she is
holding a valid pass such as a dependent's visa/pass/identification card or
permanent resident visa/pass/identification card which serve as proof that
he/she is living with parents abroad".

 

This Consulate opines that Hannah must be allowed to travel unaccompanied
and without a travel clearance from the DSWD by virtue of DSWD AO 02 dated 2
April 2006. Attached for your reference is the PDF file of the said AO
issued DSWD. The said AO 02 of 2006 may be presented to immigration
authorities as reference. The said AO requires no DSWD travel clearance for
Hannah. 

 

Very truly yours,

 

 

J. Anthony A. Reyes

Acting Head of Post

Philippine Consulate General, Sydney

 

 

 

 

 

From: HMI Guy [mailto:hmi.guy@hotmail.com] 
Sent: Wednesday, 8 April 2009 12:37 PM
To: contact@philippineconsulate.com.au
Subject: Law Regarding DSWD Clearance At Immigration 

 

Hello

 

My wife came from the Philippines and is now a permanent resident of
Australia. Her daughter, Hannah, is currently in the Philippines and was
issued a dependent visa, to come and live in Australia permanently with my
wife.

 

Today Hannah was meant to fly from Manila to Sydney as an unaccompanied
minor on flight PR211. Immigration at NAIA prevented her from doing so
because they were presented with an out-of-date DSWD clearance document
which was no longer valid. The document stated that Michelle Gule (a citizen
of Philippines) would be travelling with her. This clearance document is a
year old, and I had no idea that it was going to be presented at immigration
today. I was of the belief that no DSWD clearance document was required.

 

I've researched on the internet. From the following web site I have come to
the conclusion that no DSWD clearance is required, as Hannah falls under the
"special circumstances" of clause 1.1.1

 

http://www.philippine-embassy.org.sg/index.cfm?GPID=117

 

Is this information enough to give to immigration at NAIA to convince them
that no clearance is required? As you are the Philippines Consulate, I am
sure you are aware of official law web sites. Can I access the official law
web site that contains section 1.1.1 (refer to web site above for full
reference), to present to immigration if necessary?

 

Hannah is booked on the same flight tomorrow morning, so your quick response
to this matter is urgent and appreciated.

 

Kind Regards

John Littler
      

Email 2 ...

From: "Philippine Consulate General" <contact@philippineconsulate.com.au>
To: "'HMI Guy'" <hmi.guy@hotmail.com>
Subject: RE: Law Regarding DSWD Clearance At Immigration 
Date: Wed, 8 Apr 2009 14:46:44 +1000

Mr Littler,
 

The information in the Bureau of Immigration website is a reiteration of the
same DSWD AO 02 of 2006. Hannah may present a print out of this webpage to
immigration. However, the Bureau of Immigration information states that the
child must possess "a proof that he/she is living with parents abroad and
their travel does not constitute child trafficking."

 

Therefore, the Philippine immigration authorities at the airport may press
for such proof. This may be in the form of an notarized affidavit or
statement from the parents stating that they are in Australia and are
allowing their child to travel to Australia for the purpose of joining them
(however, the affidavit or statement will be required to be notarized by
this Consulate, in which case the tiem for processing this will mean that
Hannah will have to wait for this) . Another proof would be the email letter
of DIAC explaining the granting of the dependent visa and reiterating the
conditions that the child will be living in Australia with her mother, but
then, Philippine immigration might require proof that the child's mother is
in Australia.

 

We recommend that you call the Consulate by today. Please call 9262 7377 and
speak to Mr. Rovald Valdez. Because of the holidays, this Consulate will be
closed on April 9 (Thursday), 10 (Friday) and 13 (Monday).

 

Please instruct Hannah not to present any documents that state that she is
traveling with another person. We believe that her presentation of the
Affidavit of travel with a Guardian was the document that prevented her from
being boarded as an unaccompanied minor.  If she is traveling as an
unaccompanied minor, then no document that she carries must contradict it.

 

Very truly yours,

 

 

J. Anthony Reyes

Acting Head of Post

Philippine Consulate General, Sydney 

 

 

From: HMI Guy [mailto:hmi.guy@hotmail.com] 
Sent: Wednesday, 8 April 2009 12:57 PM
To: contact@philippineconsulate.com.au
Subject: Re: Law Regarding DSWD Clearance At Immigration 

 

Just an update. I found this web site which looks more official:

 

http://immigration.gov.ph//index.php?option=com_content

 

I believe Hannah falls under Exception 1. Do you agree?

 

John Littler

 

From: HMI Guy <mailto:hmi.guy@hotmail.com>

Sent: Wednesday, April 08, 2009 12:36 PM

To: contact@philippineconsulate.com.au 

Subject: Law Regarding DSWD Clearance At Immigration 

 

Hello

 

My wife came from the Philippines and is now a permanent resident of
Australia. Her daughter, Hannah, is currently in the Philippines and was
issued a dependent visa, to come and live in Australia permanently with my
wife.

 

Today Hannah was meant to fly from Manila to Sydney as an unaccompanied
minor on flight PR211. Immigration at NAIA prevented her from doing so
because they were presented with an out-of-date DSWD clearance document
which was no longer valid. The document stated that Michelle Gule (a citizen
of Philippines) would be travelling with her. This clearance document is a
year old, and I had no idea that it was going to be presented at immigration
today. I was of the belief that no DSWD clearance document was required.

 

I've researched on the internet. From the following web site I have come to
the conclusion that no DSWD clearance is required, as Hannah falls under the
"special circumstances" of clause 1.1.1

 

http://www.philippine-embassy.org.sg/index.cfm?GPID=117

 

Is this information enough to give to immigration at NAIA to convince them
that no clearance is required? As you are the Philippines Consulate, I am
sure you are aware of official law web sites. Can I access the official law
web site that contains section 1.1.1 (refer to web site above for full
reference), to present to immigration if necessary?

 

Hannah is booked on the same flight tomorrow morning, so your quick response
to this matter is urgent and appreciated.

 

Kind Regards

John Littler
      

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