The Unified Screening Mechanism may as well be said to have failed in keeping up with its promise of protection, remarked a senior lawyer at a Vision First meeting this month. He was of the opinion that the administration mismanaged the process to such an extent that fair-minded observers would not consider it a success, if not for rejecting 99.9% of asylum claims.
The big picture is alarming. USM was expected to finally process claimants, whose numbers hovered around 5000 for years. But in 2014 the number doubled to 10,000, with new claims lodged at more than 300 per month. This surge surprised the administration that expects a considerable rise in screening costs, welfare assistance and the publicly funded legal scheme.
The backlog of claims is expected to increase further as refugees becomes familiar with the “Right to life claim” (BOR 2) which requires that asylum bids be also assessed on grounds relating to Article 2 of the Hong Kong Bill of Rights Ordinance, which is binding on the Immigration Department.
From documentation acquired by Vision First and freely available on the LegCo website, it seems that rather than reviewing an asylum system, that seems to neither protect nor uphold refugee rights, the administration is considering fast-tracking screenings, affecting legal safeguards. However, placing departmental expediency and completion targets ahead of obligatory “high standards of fairness” will pave the way for extensive judicial reviews, warned the HKBA.
If the administration’s approach to screening and determination is cause for alarm, the welfare side is of little consolation. It should be pointed out that hundreds, if not thousands of claimants have been in limbo for years without adequate welfare or employment rights. Such unfair treatment inflicted unjustified hardship on already vulnerable persons who hoped to find sanctuary in Hong Kong.
Instead of protection, refugees experience rejection through countless difficulties that hamper their daily existence. It takes months to obtain assistance, during which time new arrivals are often left hungry and homeless, fending for themselves in the streets. “We signed the contract with ISS but cannot find a place for 3000$. Without a room ISS only provide dried food like biscuits, instant noodles and canned food!” lamented an African couple who has slept on a sofa-bed at Vision First for several weeks.
The mismanagement of food rations continues despite refugees vociferously protesting for more than a year. There might be a widening rift between the SWD and ISS-HK that exposes a communication problem, to put it gently, relating to millions of dollars in food allowances that failed to reach the plates of destitute and hungry refugees. “Where is the remaining money” questioned Cable TV.
The 69 refugee slums exposed by Vision First are emblematic of the faltering asylum system. As a matter of fairness and humanity, it is reasonable to expect that the slums be wound down gradually without mass evictions that cause preventable homelessness. To the contrary, the same indifference to the wellbeing of refugees manifested in the establishment of slums, is blatantly obvious in their abrupt closure without offering basic, functional and safe accommodation.
A distraught refugee recently made homeless exclaimed, “I waited seven years for Immigration to [determine] my case. Still no answer. Now I have no place to stay and nowhere I can rent for 1500$. Hong Kong wants all refugees to go away! If we could go to another country we would leave … but how?”