Permission to work for non-refoulement claimants

The request was successful.

Dear Immigration Department,

I am writing to request the following information:
(1) The number of substantiated non-refoulement claimants who have applied for permission to work in 2017, 2018, 2019 and Q1 2020 respectively
(2) The number of applications for permission to work approved by the ImmD in 2017, 2018, 2019 and Q1 2020 respectively
(3) The number of applications for permission to work rejected by the ImmD in 2017, 2018, 2019 and Q1 2020 respectively
(4) The number of applications for permission to work withdrew by applicants/ where no further action could be taken in 2017, 2018, 2019 and Q1 2020 respectively
(5) The reasons for rejecting applications for permission to work
(6) The reasons no further actions could be taken with the applications

Thank you in advance.

Yours faithfully,

Rachel Li

入境事務處

Our ref. : IL/00279043/20, L/M (24) in ImmD RALS1/6-20/3/C

 

Dear Ms Li,

 

We refer to your application for access to information of 14 May 2020
relating to statistics on non-refoulement claims.

 

Your application is now under processing.  Our Department would revert to
you on or before 3 June 2020 according to paragraph 1.16 of the Code on
Access to Information.

 

 

Best Regards,

 

 

(FUNG Man-him)

for Director of Immigration

To learn more about the application requirements and procedures of the
most frequently used services provided by the Hong Kong Immigration
Department, you are welcome to visit the Easy Access Playlist at Hong Kong
Immigration Department [1]YouTube Channel. The concerned video clips have
Cantonese voice-over supplemented by Chinese or English subtitles.

show quoted sections

入境事務處

Our ref. : IL/00286172/20, L/M (24) in ImmD RALS1/6-20/3/C

Dear Ms Li,

 

We refer to your request for information dated 14 May 2020 relating to
statistics on non-refoulement claims.

 

Further to our interim reply on 22 May 2020, please be informed that
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 (UNHCR)
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 numbers of applications made by the abovementioned persons for taking
employment handled by the Immigration Department (ImmD) since 2017 are
tabulated below:

 

Applications Applications withdrawn or
Year Applications approved on Applications no further action could
received discretionary rejected be taken
basis
2017 36 19 0 10
2018 62 42 0 7
2019 69 84 0 8
2020 (as 33 33 0 0
at end
March)
Total 200 178 0 25

Note: Applications processed in a given year 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 2017.

 

All related applications will be handled by ImmD in accordance with the
procedures.  Applicants will also be reminded by ImmD to submit the
required information or supporting documents.  In general, in case the
applicants fail to provide the required information or documents, ImmD
will not be able to proceed with the processing of and no further action
will be taken on their applications.

 

I hope you will find the above information useful.

 

Best Regards,

 

(LEUNG Lap-hang)

for Director of Immigration

 

To learn more about the application requirements and procedures of the
most frequently used services provided by the Hong Kong Immigration
Department, you are welcome to visit the Easy Access Playlist at Hong Kong
Immigration Department [1]YouTube Channel. The concerned video clips have
Cantonese voice-over supplemented by Chinese or English subtitles.

show quoted sections