An informed discussion about refugee issues in the news is welcome, however several points need clarification in The Standard’s article. The story, while providing interesting information on specific crimes, fails to make a clear distinction between ‘South Asian criminals’ and ‘South Asian asylum-seekers’, regrettably bunching both in one damaging misconception. The examples chosen by the reporter to support his views are at best misleading – as he labels everyone “South Asians” – and are further murking the waters of stereotypes and intolerance. The fact that some asylum-seekers are hired by criminals may be true, but what does this say about the asylum process? Could a previously honest individual turn to crime after years of abusive marginalization? What desperate conditions is she forced to endure? What support does he receive in the country of asylum? How can she meet financial obligations when barred from working legally?
The harsh reality is asylum-seekers, after selling food rations and what is salvaged from garbage, are *forced* to offer manpower in the informal economy of 3D jobs. This is the dirty, dangerous and demeaning work that citizens turn their nose on, but needs to be performed for the economy to function efficiently. On occasion these tasks are controlled by triad societies, making the connecting between the world of asylum and the world of crime, that slips into predictable vicious circle. We can’t simplistically blame the supply where there is pernicious demand, especially when such demand is structural and pre-exists the arrival of asylum-seekers. In other words, when a CAT claimant commits a felony, he relieves a domestic gangster from dirtying his hand – the culprits might have changed, but sadly the law would still have been broken. One could argue that South Asian criminals accepting lower-than-local-pay says more about the globalization of crime than lawless asylum-seekers. Similarly the city has witnessed trigger-happy Mainlanders running amok on the streets, yet we don’t equate these with the big-spenders in the malls, though both entered under the same Immigration scheme. The analogy could continue with Thai massage ladies entering on tourist visas and other common abuses of the Immigration Ordinance. To this end, this article is unconvincing in shedding light on the criminality of asylum-seekers in general and South Asian ones in particular.
Moreover, the story’s arguments about asylum abuse are laughable. The evidence does point towards most CAT claimants delaying their case with stalling tactics, like failing to show up, presenting late evidence, calling sick, changing lawyers or phones, etc. However, is this malicious behaviour or a plausible survival strategy? Let’s imagine being in their uncomfortable shoes and facing such bleak prospects. For example, if you were a Tamil Srilankan and were about to be deported to face torture our ImmD doesn’t consider ‘likely’ would you cooperate with procedures? If you were a Pakistani fleeing tribal/Taleban/tyrannical persecution, would you facilitate your return into harm’s way? We might note these individuals are acutely aware every single torture claim of 1,717 was rejected, between Jan 2010 and Apr 2012, leading to immediate deportation procedures. They know there was one success in 2500 cases, which means the odds of success are an unreachable 2500 to 1. Indeed why are we surprised claimants resort to every legal stratagem to delay the inevitable? In substance, many stall their cases, not because they are unfounded (maybe some are), but because the system is flawed and designed to invariably fail everyone. This raises the question: how can 2500 claimants all be liars? Meanwhile, it’s understandable that anyone fearing for her life delays deportation, even if at times such behaviour might be construed as abusing the system. Why should we be surprised that 5.8% of rejected claimants were prosecuted for overstaying or illegally remaining? Rather it’s surprising the percentage isn’t higher with such widespread fear of returning home. Perhaps we might inquire how CIC detention numbers are rising and how many volunteered for repatriation. Predictably, until we see changes in CAT results we won’t see asylum-seekers rushing in to complete interview processes.