Dear Lee,
I refer to your request for Access to Information on 12 January 2023. 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)
As at 31 December 2022, TCAB/NRCPO received 24 712 appeals/petitions, among
which 2 502 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
received
pending determination
Pakistani
4 480
163
Indian
4 114
169
Vietnamese
3 870
615
Indonesian
3 504
797
Bangladeshi
2 883
151
Filipino
1 977
316
Others
3 884
291
Total
24 712
2 502
(3) and (4)
For detailed statistics on applications for judicial review (“JR”) by claimants, please
approach the Judiciary for such information. According to ImmD, as at 31 December
2022, there were 8 487 unsubstantiated claimants whose applications for leave to apply
for 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
Pakistani
1 571
Vietnamese
1 381
Indian
1 321
Indonesian
1 166
Nationality
Number of claimants
Bangladeshi
1 148
Filipino
754
Others
1 146
Total
8 487
(5)
As at 31 December 2022, there were 71 persons whose subsequent claim requests were
under ImmD’s processing.
(6)
As at 31 December 2022, removal from Hong Kong was being arranged by ImmD for
3 187 unsubstantiated claimants. Besides, there were 201 non-refoulement claimants
whose claims were pending screening by ImmD.
(7)
The number of non-refoulement claims withdrawn or no further action taken from 1
January to 31 December 2022 was 70.
(8) and (9)
From 1 January to 31 December 2022, a total of 1 097 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
250
Pakistani
189
Bangladeshi
141
Indonesian
141
Vietnamese
125
Filipino
55
Others
196
Total
1 097
(10) to (13)
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 non-refoulement claimants for taking
employment handled by ImmD from 1 January to 31 December 2022 is tabulated below:
Applications
Applications
Applications
approved on
Applications
withdrawn or no
received
discretionary
rejected
further action
basis
could be taken
177
167
0
10
Note: Applications processed may not be those received in total in the same year.
Applications approved, rejected, withdrawn or no further action could be taken as listed
above include those received by ImmD before 2022.
Security Bureau