Dear Lee,
I refer to your request for Access to Information on 3 July 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 30 June 2023, TCAB/NRCPO received 25 281 appeals/petitions, among which 1 742
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
4 485
80
Indian
4 160
129
Vietnamese
3 901
290
Indonesian
3 818
677
Bangladeshi
2 901
96
Filipino
2 068
235
Others
3 948
235
Total
25 281
1 742
(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 30 June 2023, there
were 8 565 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
Vietnamese
1 563
Pakistani
1 511
Indonesian
1 322
Indian
1 188
Bangladeshi
1 097
Filipino
779
Others
1 105
Total
8 565
(5)
As at 30 June 2023, there were 71 persons whose subsequent claim requests were under
ImmD’s processing.
(6)
As at 30 June 2023, removal from Hong Kong was being arranged by ImmD for 3 376
unsubstantiated claimants. Besides, there were 264 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The number of non-refoulement claims withdrawn or no further action taken from 1 January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 30 June 2023 was 27.
(8) and (9)
From 1 January to 30 June 2023, a total of 810 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
176
Pakistani
125
Bangladeshi
114
Vietnamese
97
Indonesian
110
Filipino
63
Others
125
Total
810
(10)
As at 30 June 2023, there were about 14 700 non-refoulement claimants remaining in Hong
Kong.
(11) – (14)
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 30 June 2023 is tabulated below:
Applications
Applications
Applications
Applications
withdrawn or no
approved on
received
rejected
further action
discretionary basis
could be taken
97
96
0
1
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.
(15)
As at 30 June 2023, 101 claimants were detained under section 37ZK of the Immigration
Ordinance (Cap. 115) pending the final determination of their torture claims.
(16)
As at 30 June 2023, 479 persons (including claimants and non-claimants) were detained
under section 29 of Cap. 115 pending inquiry as to deportation, or under section 32 of Cap.
115 pending the decision as to whether a removal order should be made under section 19(1)(a)
or (b) of Cap. 115 for removal/deportation from Hong Kong.