Dear Lee,
I refer to your request for Access to Information on 8 January 2024. Having consulted
the Immigration Department (“ImmD”) and the Torture Claims Appeal Board/Non-
refoulement Claims Petition Office (“TCAB/NRCPO”), the requested information is
provided as below, please.
(1) and (2)
From 1 January to 31 December 2023, ImmD received a total of 2 135 claims with nationality
breakdown as follows:
Nationality
Number of claims
Indonesian
711
Bangladeshi
360
Vietnamese
302
Indian
227
Pakistani
210
Filipino
173
Others
152
Total
2 135
(3) and (4)
As at 31 December 2023, TCAB/NRCPO received 26 107 appeals/petitions, among which
929 appeals/petitions were pending determination, with the breakdown of the nationality of
the claimants concerned as tabulated below:
Number of
Number of
Nationality
appeals/petitions
appeals/petitions pending
received
determination
Pakistani
4 518
58
Indian
4 219
77
Indonesian
4 150
305
Vietnamese
4 077
128
Bangladeshi
2 991
118
Filipino
2 146
92
Others
4 006
151
Total
26 107
929
(5) and (6)
According to information available to ImmD, as at 31 December 2023, there were 8 798
unsubstantiated claimants whose applications for leave to apply for judicial review (“JR”) or
applications for JR against the decision of ImmD and/or TCAB/NRCPO were pending
handling by the Court (including the Court of First Instance, the Court of Appeal and the
Court of Final Appeal), with the breakdown of the nationality of the claimants concerned as
tabulated below:
Nationality
Number of claimants
Vietnamese
1 697
Indonesian
1 603
Pakistani
1 437
Indian
1 123
Bangladeshi
1 032
Filipino
847
Nationality
Number of claimants
Others
1 059
Total
8 798
For detailed statistics on JR applications by claimants, please approach the Judiciary for such
information.
(7)
As at 31 December 2023, there were 90 persons whose subsequent claim requests were under
ImmD’s processing, with nationality breakdown as tabulated below:
Nationality
Number of requests
Indonesian
32
Vietnamese
13
Pakistani
13
Indian
12
Bangladeshi
7
Filipino
2
Others
11
Total
90
(8)
As at 31 December 2023, removal from Hong Kong was being arranged by ImmD for 3 647
unsubstantiated claimants.
(9)
The number of non-refoulement claims withdrawn or no further action taken from 1 January
to 31 December 2023 was 59.
(10) and (11)
From 1 January to 31 December 2023, a total of 1 786 unsubstantiated claimants were
removed from Hong Kong, with the breakdown of the nationality of the claimants concerned
as tabulated below:
Nationality
Number of claimants
Indian
327
Indonesian
299
Vietnamese
296
Bangladeshi
234
Pakistani
223
Filipino
154
Others
253
Total
1 786
(12) – (16)
Non-refoulement claimants are illegal immigrants, overstayers or persons who were refused
entry upon arrival in Hong Kong. They do not have any legal status to remain in Hong
Kong. Regardless of the outcome of their claims, they have no right to work in Hong Kong.
In February 2014, the Court of Final Appeal upheld in GA & Ors v. Director of Immigration
[(2014) 17 HKCFAR 60] that substantiated claimants and mandated refugees recognised by
the United Nations High Commissioner for Refugees have no constitutional or other legal
rights to work in Hong Kong. Nevertheless, the Director of Immigration may exercise his
discretion exceptionally to consider, on a case-by-case basis, an application for permission
to take employment.
The total number of applications made by substantiated claimants or mandated refugees for
taking employment handled by ImmD from 1 January to 31 December 2023 is tabulated
below:
Applications
Applications
Applications
Applications
withdrawn or no
approved on
received
rejected
further action
discretionary basis
could be taken
199
186
0
6
Note: Applications processed may not be those received in total in the same year.
Applications approved, rejected, withdrawn or where no further action could be taken as
listed above include those received by ImmD before 2023.
All applications for permission to take up employment from a substantiated claimant or
mandated refugee will be handled as soon as practicable. The time required to assess and
decide on an application depends on the complexity of individual applications and whether
the applicant has submitted all the required information and supporting documents in a timely
manner. It normally takes about one to two weeks for ImmD to complete the processing of
an application upon receipt of all the required information and documents.
Security Bureau
Feb 2024
