All those repatriated were former DHs who overstayed, with some committing crimes Hong Kong Immigration has expressed concern about what it called as the “abuse” of the non-refoulement claim mechanism by foreign domestic helpers as it announced Friday the repatriation of 18 unsubstantiated non-refoulement claimants. Immigration said in the statement that all those repatriated between March 18 to 20 were former FDHs who had overstayed their visas. Among them were former prisoners who had served their sentences after committing criminal offences. “The ImmD is very concerned about the abuse of the non-refoulement claim mechanism and is aware that a number of claimants were former foreign domestic helpers before,” said the statement. “The ImmD has been co-operating with the relevant consulates-general in Hong Kong and will continue such co-operation to step up publicity and education for newly arriving foreign domestic helpers to help them understand that they should not abuse the non-refoulement claim mechanism.” To forestall their return to their home countries after overstaying, the FDHs filed claims for non-refoulement or against being sent back home, saying they faced torture or persecution if they returned. Once non-refoulement applications are lodged with the Immigration Director, repatriation cannot be carried out until a final decision is reached. If denied, the applicant could appeal, first with the Torture Claims Adjudication Board, then to the courts, a process that could take years. In the meantime, applicants are provided by the government with food and accommodation subsidies but are not allowed to take up work. A big number end up working illegally or resorting to crime during this period. To prevent an abuse of the process, Immigration updated its removal policy starting from Dec 7, 2022 which allowed it to generally proceed with the removal of a claimant whose judicial review has been dismissed by the Court of First Instance, despite the availability of appeal. In its statement, Immigratio said it will continue to explore solutions to speed up the repatriation of unsubstantiated non-refoulement claimants and coordinate with relevant authorities to “optimise repatriation routes and the operation process.” Those being consulted on further speeding up repatriation are the major source countries of non-refoulement claimants, airline companies and other government departments.