M. A. S. R. M. Fernando
128/A, Agara Road,
Thalwila, Marawila,
Sri Lanka.
2022. 08. 29
To whom it may concern:
Complaint on illegal offloading at Ninoy Aquino International Airport
I am Meththasinghe Arachchige Shamen Rohantha Mihiran Fernando (Passport No: N72112540) currently resident at 128/A, Agara Road, Thalwila, Marawila as a permanent citizen of Sri Lanka, working as Ayurvedic Doctor and A Pharmacist.
I am writing this letter on behalf of my significant other, Noemi Tolentino Castro (Passport No: P8656846B) living in Riverside, Sitio San Jose, Barangay Salong, Kabankalan City, Negros Occidental, Philippines.
Our Long Distance Relationship is being for 9 years now and last January we planned our first meet in Sri Lanka on this August 6th. But unfortunately we get very upset and hopeless, because of a illegal activity of your immigration officer in Ninoy Aquino International Airport.
With this letter I would hereby like to complain and appeal against the illegal offloading made regarding my girlfriend. She has arrived to NAIA terminal 1, on August 6th of 2022 in the afternoon to get her flight with all the required documents according to DOJ Memorandum Circular No.036, s.2015. But she was questioned by a immigration officer on the check-in and offloaded by giving false informations. This officer was not wearing proper identification and refused to give his name. According to Noemi here are the reasons that IO told her for offloading.
1. Not having the CFO Guidance and Counselling Certificate.
2. Sponsorship Affidavit is old
3. DFA has placed the Sri Lanka under the alert level 2
4. No trust on me as her boyfriend.
But I want to tell you that the all reasons that officer given are wrong and incorrect according to the Philippine legal codes.
1. According to the DOJ Memorandum Circular No.036, only foreign spouse or engaged partners need to get the CFO certificate. Excerpted : " Is the spouse of a foreign national intending to depart for the first time to join the foreign spouse or a partner of a foreign national intending to depart to meet and/or marry his/her fiance/fiancee without the Commission on Filipinos Overseas (CFO) Guidance and Counselling Certificate; " ( DOJ No. 036, 2.2, c)
2. In the Affidavit of Support and Undertaking which is duly authenticated by the Philippine consulate of Sri Lanka, i have clearly mentioned the day when she will be arriving in the Sri Lanka. So how can the IO can tell that legal document is expired?
3. According to DFA ( Department of Foreign Affairs in Philippines) there is no such order has given to immigration officers to offloading even for nonessential tourists to Sri Lanka. Only they can give advises upon the Crisis even the alert level has placed to level 2 . And also it meantion clearly in the DOJ Memorandum Circular No.036 IO can question only passengers for alert level 3 and 4 not the alert level 2. Excerpted "Is travelling to countries with existing deployment bans, alert levels 3 and 4, and travel advisories and is in possession of visas to said countries; and/or" (DOJ No 036, 2.2 d)
4. I would like to tell you that immigration officer had told my girlfriend, that he not trusted on me as her boyfriend. It would appear that immigration officer did not seem to be honour and trust the legal documents issued by own country consulate of Sri Lanka and the Sri Lanka Supreme Court. I have send the Affidavit of Support and Undertaking duly
authenticated by the Philippines Consulate Of Sri Lanka showing:
1. The relationship of me and her
2. Financial capacity with legal status of me
3. Contact information.
So there is no reason for IO to untrust on me as all the required details i have provided with duly authenticat.
I acknowledge the legal mandate of the Bureau of Immigration (BI) in protecting Filipinos against illegal recruiters and human traffickers within the "Expanded Anti-Trafficking in Persons Act of 2012" . I understand the need for questioning, but there is a LEGAL and ETHICAL way to do so without committing abuses against The right to travel of a Filipino.
According to your legal codes, "Section 6, Article III of the 1987 Constitution" guarantees the right to travel of every citizen as well as my girlfriend noemi. I also want to give your attention The right to travel and free movement of my significant other, may not be absolute but it is sacred and protected by "The Right to Travel Act and Article 13" of the United Nations Declaration of Human Rights also.
I hope you will not abuse that right to travel of my girlfriend again. Everything should be within the legal boundaries and should not in any way violate the rights of my significant other. I hope that she could be allowed to travel and visit Sri Lanka as a tourist without any hassle again at the airport. I will assure you that she will abide by the rules and regulations of the Immigration law of both countries when she is travelling. I would be much appreciated and grateful if you could kindly act upon appeal and give me a feedback. And i wish you will kindly do justice to the unfairness that happened.
Thank you.
Yours Sincerely
M. A. S. R. M. Fernando
Contact No : 0094764016559
Email :
[email protected]
