Letter to a Lawyer

Dear Attorney,

Good morning! I hope this message finds you well. I am reaching out to seek your professional advice regarding an issue that has been causing me a great deal of anxiety. I am planning to travel soon to Taiwan with my partner, and I am worried about potential immigration issues.

Back in 2019, I was deported from the United Arab Emirates (UAE) due to health reasons. Although this matter was not related to any criminal activity, I am concerned that it might affect my ability to travel abroad in the future.

Currently, I have been employed for more than two years in a stable job. I have all the necessary travel documents, including a Certificate of Employment (COE), my company ID, leave approval, bank statements, and credit cards. Despite this, I am overthinking the possibility of being questioned at immigration because of my prior deportation record.

Could you please shed light on whether my previous deportation might affect my ability to travel internationally? What steps can I take to ensure smooth passage through immigration? Your guidance will be invaluable as I prepare for this trip.

Thank you so much for your time and assistance. I look forward to hearing from you.

Sincerely,
A Concerned Traveler

Legal Analysis: Immigration Screening and Deportation Records

Overview of Immigration Screening in the Philippines

When traveling abroad, passengers must go through immigration clearance conducted by the Philippine Bureau of Immigration (BI). The screening process primarily aims to prevent human trafficking, illegal recruitment, and the departure of undocumented workers. Immigration officers (IOs) assess travelers based on documentation, behavior, and travel history. For individuals with a history of deportation, particularly from a foreign country, the process can raise questions and concerns.

Philippine Immigration Law on Departures

The BI operates under the Immigration Act of 1940 (Commonwealth Act No. 613) and related regulations. It is authorized to inspect passengers departing from the Philippines to ensure compliance with immigration laws and other relevant policies. While the BI is vigilant in enforcing rules, a deportation record from another country does not automatically bar a person from traveling abroad, provided there are no legal restrictions in the Philippines or outstanding cases in the deporting country.

Key laws and policies relevant to this concern include:

Commonwealth Act No. 613 (Philippine Immigration Act of 1940): Governs immigration rules in the Philippines, including the authority of immigration officers at departure points.
Anti-Trafficking in Persons Act of 2003 (RA 9208): Empowers IOs to thoroughly screen passengers to ensure they are not victims or potential victims of trafficking.
Guidelines on Departure Formalities for International-Bound Passengers: Issued by the Department of Justice (DOJ), these outline the requirements for travelers.

Impact of a Deportation Record on Immigration Clearance

Health-Based Deportation:
- If deportation was due to health reasons and not related to a criminal offense, it is less likely to have severe consequences for future travel.
- Immigration authorities are more concerned with criminal deportation records or issues of fraud, overstaying, or illegal work.
No Legal Restrictions in the Philippines:
- Unless you are subject to a watchlist order, hold-departure order, or blacklist order, your previous deportation record should not prevent you from leaving the country.
- Philippine immigration focuses on compliance with documentation requirements and the legitimacy of the travel purpose.
Host Country's Discretion:
- While the Philippines allows you to travel, the host country (e.g., Taiwan) has the discretion to admit or deny entry based on its own immigration policies.
- Your deportation from the UAE is unlikely to be flagged during routine screening, but it is advisable to confirm with Taiwan immigration if health-related deportations are a concern for their entry rules.

Ensuring Smooth Immigration Clearance

To avoid complications during your travel, follow these recommendations:

Prepare All Required Documents:
- Passport valid for at least six months.
- Round-trip ticket and proof of accommodations.
- Certificate of Employment (COE) and leave approval.
- Bank statement showing financial capacity.
Demonstrate a Clear Purpose for Travel:
- Provide details about your itinerary and purpose of travel (e.g., tourism, visiting family, business).
- Evidence of strong ties to the Philippines, such as stable employment and financial capacity, can reinforce your intention to return.
Be Honest but Selective:
- If questioned about your deportation, provide honest but concise answers. Mention that it was for health reasons and not due to any criminal activity.
- Avoid overexplaining or volunteering unnecessary information unless specifically asked.
Check for Travel Restrictions:
- Confirm that you are not on any watchlist or hold-departure order. You may check this with the BI through their website or office.
Consult with Legal or Immigration Experts:
- Seek advice from a lawyer or immigration consultant to ensure your records and documents are in order.

Legal Remedies if Denied Immigration Clearance

In the unlikely event that you face issues at Philippine immigration:

Appeal the Decision:
- Request a formal explanation if you are denied departure. You may appeal the decision to the Commissioner of the BI.
Clearance Certificate:
- Secure a clearance certificate from the BI ahead of time to confirm there are no legal impediments to your travel.
File a Complaint if Rights Are Violated:
- If you believe the immigration officers acted beyond their authority or violated your rights, you can file a formal complaint with the BI or the DOJ.

Conclusion

While your previous deportation from the UAE may cause some apprehension, it is unlikely to prevent you from traveling to Taiwan, especially since it was for health reasons and not a criminal matter. Your complete documentation and stable employment further reinforce your eligibility to travel. To alleviate your concerns, ensure all paperwork is in order, and be ready to address any questions calmly and truthfully. Consulting with a legal professional can provide additional assurance as you prepare for your trip.

Safe travels, and may your journey be smooth and enjoyable!