A senior figure in the disbanded democratic opposition in Hong Kong has accused the Home Office of hardening its stance towards those fleeing the former British colony after a series of “absurd” rejections of asylum claims.
The rejection notices have demanded a contact address for a dissident leader who is in hiding from the Hong Kong authorities, included incorrect personal details, and cited a New York Times article as evidence that they could not have secured a passport if they were in any real danger. One applicant acquitted in Hong Kong of ‘rioting’ was told this showed that there was no danger to her although the authorities soon after sought to bring her back to court.
Isaac Cheng, the former vice-president of Demosisto, whose members have been accused of collusion with foreign powers and rounded up, said immigration caseworkers appeared “predisposed to discredit” claims from even those who had been put on trial in Hong Kong over their role in protests.
The UK government has said it is determined to bring down migration into Britain after an official estimate found it had reached a record of 745,000 in the year to December 2022, with people fleeing the war in Ukraine and China’s crackdown on dissent in Hong Kong cited as a factor.
A British national overseas visa scheme introduced to “reflect the UK’s historic and moral commitment” to Hongkongers received about 191,000 applications between its launch in January 2021 and September this year, with 96.7% (184,700) receiving approval.
Cheng, who is in the UK where he has established the Initiative Safe project to help Hongkongers in need of assistance, said “absurd reasons” were now being given for the rejection of subsequent asylum claims, leading him to believe the government’s political crisis over migration was undermining its moral obligation to help.
Those whose applications have been rejected in recent weeks include a 23-year-old man who was arrested during the siege of Hong Kong Polytechnic University (PolyU) in 2019, when hundreds of protesters were trapped inside a campus, surrounded by police and came under teargas fire.
The applicant was able to provide a letter of reference signed by Nathan Law, the co-founder of Demosisto, but the Home Office said it put little weight on the document as it was not dated and there was no contact address on the letter for Law, who has had a bounty of 1m Hong Kong dollars (£99,100) put on his head by the authorities.
A trainee teacher who was arrested and charged over her involvement in the 2019 Hong Kong democratic movement but then acquitted, has had her asylum claim rejected on the grounds that she had been able to recover her passport and therefore presumed to be of no further interest to the authorities.
The applicant, who asked to remain anonymous due to the risks to her family in Hong Kong, said she had fled with her passport as she suspected the authorities would appeal against her acquittal.
“Shortly after my departure, I learned that the Hong Kong government had indeed filed an appeal of my case,” she said. “If I had delayed my departure, leaving Hong Kong would not have been possible. From the Home Office’s refusal confirmation, it is evident that their understanding of the situation in Hong Kong is not very deep.”
In a third case, a protester who said she was arrested at the siege of PolyU, where she had been providing humanitarian aide, received a rejection notice in which the Home Office stated her date of birth as 30 December 2023.
The rejection also cited a New York Times article headlined “The real dangers of surveillance” as evidence that she would not have been able to secure a passport if she had been a person of interest to the authorities “considering the highly sophisticated surveillance methods in the country and functioning intelligence services employed by the state”.
Cheng, who received refugee status in October, said Hong Kong dissidents were under severe stress, with one 20-year-old applicant he was seeking to help having repeatedly sought to take their own life as a result.
“Many of these individuals waited over two to three years for a second interview, only to face ultimate asylum rejection,” Cheng said. “Now, they might have to endure at least one more year for their cases to be heard in the appeal tribunal.
“The Home Office rejects Hong Kong cases at its convenience. It appears that the officers lack awareness of the dire situation faced by Hongkongers. It is clear that they are being predisposed to discredit these cases, and using the most absurd reasons for refusal.”
A Home Office spokesperson said: “All asylum claims are carefully considered on their individual merits in accordance with our international obligations.
“We are proud to have issued 184,700 visas on the British National (Overseas) route – which we launched after China imposed its National Security Law – to Hong Kongers who are now making significant contributions to our economy and local communities.”
In the UK and Ireland, Samaritans can be contacted on freephone 116 123, or email jo@samaritans.org or jo@samaritans.ie. In the US, you can call or text the National Suicide Prevention Lifeline on 988, chat on 988lifeline.org, or text HOME to 741741 to connect with a crisis counselor. In Australia, the crisis support service Lifeline is 13 11 14. Other international helplines can be found at befrienders.org
