Curbing abuse of the asylum system cannot be at the cost of justice
- A careful balance must be struck between combating abuses, deterring illegal immigration and ensuring that the rights of asylum seekers are observed. Care must be taken to ensure that those with genuine claims are not sent back to their home nation
The government’s intention to deport asylum seekers from Hong Kong even if they have court challenges outstanding has caused alarm among claimants and supporters. This fundamental policy change, described as an “update”, was unveiled in the Legislative Council. It is the latest measure aimed at tackling a long-standing backlog in processing claims and stamping out abuses of the system.
The number of claims has increased since the government put in place a unified screening mechanism in 2014 in response to rulings by the top court. There were almost 15,000 claimants in Hong Kong at the end of October. Those rejected by the Immigration Department can challenge the decision before an appeals board. If that fails, many seek a judicial review which might be pursued all the way to the Court of Final Appeal. Some launch fresh proceedings when the first challenge ultimately fails.
The process may, as the government claims, be abused by claimants seeking to prolong their time in Hong Kong. It places a burden on resources and takes up valuable court time. Crime committed by some claimants while waiting has been raised as another concern. The law was amended to speed up procedures, crack down on delaying tactics, and widen the power to detain claimants. The latest step, already in effect, will see those who have failed at the Court of First Instance liable to removal from Hong Kong, even if their appeals are pending.
A careful balance must be struck between combating abuses, deterring illegal immigration and ensuring the rights of claimants are observed. The sudden policy change, conducted without consultation with stakeholders, raises questions. Will it apply to all claimants? What happens if an asylum seeker is repatriated but later wins their appeal? It may be too late to help them.
Those who ultimately succeed do so because there are concerns they would be tortured or persecuted if returned to their home nation. These refugees are resettled in third countries for their safety.
Care must be taken to ensure that those with genuine claims are not sent back. Only a very small proportion of applications succeed. But there were 30 successful cases before the Court of Appeal between 2017 and 2021. That is a significant number.
Ongoing efforts are needed to speed up the application process. It is not just the government that is concerned. Claimants often spend years in limbo during which they are not allowed to work. But expediting the procedures and curbing abuse must not come at the price of justice. The new policy should be targeted to ensure applicants who may have genuine claims are not deported before their case is heard.
