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Mass repatriation of ‘unsubstantiated’ torture claimants held

22 September 2022

 By The SUN

 

Those repatriated were said to have made 'unsubstantiated' applications for non-refoulement

In what appears to be a toughening of its stance towards non-refoulement claimants or those resisting their return to their places of origin on the ground that their lives would be put in danger, Immigration officers sent back a total of 45 “unsubstantiated” such claimants over the past eight days.

A statement issued by Immigration on Wednesday said the repatriation of the claimants, comprising 33 males and 12 females, was held from Sept 13 to Sept 20.

PINDUTIN PARA SA DETALYE

The failed claimants were said to be illegal immigrants, overstayers and passengers refused landing. They also included persons who had committed criminal offences and had served their sentence.

No other details were given, such as the nationalities of those repatriated.

PINDUTIN PARA SA DETALYE

However, the High Court was told on Tuesday that the last of the returnees should have included 73-year-old Brudencio J. Bolanos, who had completed serving his sentence for using a false instrument in December 2021, but tried to stop being sent back by filing an application for non-refoulement.

In the statement, Immigration said that “depending on the circumstances and needs,” it will continue to repatriate unsubstantiated non-refoulement claimants from Hong Kong as soon as practicable “through all appropriate measures.”

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This indicates that Immigration would now be determining at the outset whether an application for non-refoulement is "unsubstantiated" or whether it is backed by some sort of proof.

This could prevent overstayers, illegal immigrants or even defendants in criminal cases from using the procedure to stop being sentenced or sent back home, by filing a last-minute application for non-refoulement. 

BASAHIN ANG DETALYE

Currently, the High Court's dockets are full of related cases - from appealing a decision by Immigration or Torture Claims Board rejecting a claim for non-refoulement, to leave to appeal the decision of both or either bodies. 

Such cases take years to resolve because claimants are able to exploit various legal options to stop them being returned home.

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