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Hold departure/ Not the same person

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1 Hold departure/ Not the same person on Wed Nov 09, 2011 4:15 am

aldrich


Arresto Menor
Recently, a cousin of mine was prevented from leaving the airport by immigration officers because he allegedly has a similar name on the hold departure list. My cousin told the immigration officer that it could not be him on the list since he doesn't have any legal problems to begin with. He then ask the officer to check the middle name and birthdate on his list with the same name, to which the officer replied that the list contained only the first and last name. Even after arguing and insisting to the officer that he is not the same person as the one on the list, he was still not allowed and eventually offloaded.
It was such a horrific and traumatic experience that my cousin endured.

My question is, does the immigration officer has the right to offload a passenger by mere suspicion that he is the same person on the watch list even if the name on his file is not even complete with details, ie middle name, address, birthdate? I have read some cases on the internet with similar situations and also came across their website saying the offloaded passenger should get a clearance from the NBI and and an immigration clearance. IMHO, it's pretty dumb for them to ask a passenger to get a clearance just because he happens to have a similar name on their watch list. I would agree to it if the name on the list is exactly the same including the middle initial, but the name on their file isn't even complete. And also, how about the money spent for the ticket, will they shoulder it ones proven that my cousin is not the same person on the list, since they're the one who caused his cancelled trip?

Thank you in advance for your replies.

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2 Re: Hold departure/ Not the same person on Wed Nov 09, 2011 8:38 pm

attyLLL


moderator
tough situation, but there is a legal principle of damage without injury. the immig officers were doing their jobs by preventing your cousin from leaving, but the govt is not liable for the losses she incurred. it may not seem fair to you, but there it is.


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3 Re: Hold departure/ Not the same person on Wed Nov 09, 2011 9:15 pm

aldrich


Arresto Menor
attyLLL wrote:tough situation, but there is a legal principle of damage without injury. the immig officers were doing their jobs by preventing your cousin from leaving, but the govt is not liable for the losses she incurred. it may not seem fair to you, but there it is.

Sure he is just doing his job, but doing it right or wrong is another thing. Anyway, back to my first question... does an immigration officer has the right to offload a passenger by mere suspicion that he is the same person on the watch list even if the name on his file is not even complete with details, ie middle name, address, birthdate? Meaning, he is not sure about the person he's gonna offload from the plane.

By the way, regarding asking for payment for damages is only wishful thinking on my cousin's part. Neutral

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4 Re: Hold departure/ Not the same person on Thu Nov 10, 2011 11:33 pm

attyLLL


moderator
it's not a mere suspicion. they do have the same name. the rules require your cousin to get an allow departure order.


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5 Re: Hold departure/ Not the same person on Fri Nov 11, 2011 3:52 am

aldrich


Arresto Menor
Having the same name albeit, not complete doesn't justify it IMO. They have to prove that my cousin is the one and the same person on the watch list, not the other way around. To quote Sen. Miriam Santiago regarding right to travel: "Travel is a constitutionally protected right, the burden of proof is on the party who seeks to prevent travel..."
Oh and by way, how the heck would one know if one has the same name on the watchlist? My cousin is a frequent traveller and it's his first time to encounter such.

Dura Lex Sed Lex (The Law is Harsh but it is the Law) The only difference with this rule is, it is a ****** law. No

Sorry for the rants sir, It's just so frustrating that these things have to happen and is still happening. Thanks for the advice though, very much appreciated. Smile

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6 Re: Hold departure/ Not the same person on Sat Nov 12, 2011 10:44 pm

attyLLL


moderator
i agree with you that the bureau of immigration should make it easier to verify if you are on the watchlist, but i don't know how they can operationalize that.


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7 Re: Hold departure/ Not the same person on Sun Nov 13, 2011 2:11 am

aldrich


Arresto Menor
Actually they should. But why they didn't, they mu$t have $ome valid reason$. whistle

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