The Immigration Ordinance does not provide foreigners the right to have asylum claims recognized. The government in collaboration with nongovernmental organizations (NGOs) and on a case-by-case basis offered in-kind assistance, including accommodation, food, clothing, and other basic necessities as well as appropriate transport allowance, and counseling and medical services, to asylum seekers and torture claimants who were deprived of basic needs while their claims were being processed. The government’s practice was to refer refugee and asylum claimants to a lawyer or the UNHCR. As of June 30, approximately 3,772 persons were receiving assistance. They are also ineligible for training by either the Employees Retraining Board or Vocational Training Council. Those whose claims are pending have no legal right to work. Applications to attend school or university are considered on a case-by-case basis, at the discretion of the Director of Immigration. A March 2 High Court (Court of First Instance) decision ruled against the policy of charging claimants found to be working with “overstaying ” on grounds that their release on recognizance constituted authority from the director of immigration to remain in the SAR. The government appealed the ruling, which reportedly resulted in an increase in illegal immigration cases. On November 11, the LegCo passed government-proposed amendments making it illegal for claimants–who are otherwise regarded as illegal immigrants by the government–to work or establish a business. The UNHCR worked with potential host-country representatives to resettle persons designated as refugees. In December 2008 the High Court ruled in favor of six applicants for relief from removal under the CAT.

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