Question to the Home Office:
To ask the Secretary of State for the Home Department, what training is provided to BN(O) caseworkers on assessing allegations of politically motivated prosecution and serious trial unfairness arising from the 2019 Hong Kong protests, including where the alleged conduct would constitute a criminal offence in the UK.
All applications made under the Hong Kong British National (Overseas) visa route are considered in line with published guidance. The latest published guidance on GOV.UK - Hong Kong British National (Overseas) route - advises caseworkers on the consideration of all evidence available and when to request further information to reach a fully informed decision. This includes when to apply guidance on validity and evidential flexibility. Caseworkers will always seek to work with applicants if they need additional time to provide information in support of their application.
The Home Office does not record information on how many referrals are made to either an operational senior caseworker or policy official during the application consideration process. Obtaining this level of information would require investigation into individual cases which would be at a disproportionate cost. However, in general terms, a caseworker will seek advice from a senior caseworker if considered necessary when considering how to proceed with an application where there is an overseas conviction.
The BN(O) guidance covers overseas convictions. Where the offence is not recognised in UK law or carries a substantially higher penalty overseas than would apply in the UK, it does not result in the automatic refusal of an application. The Government keeps the operation of the BN(O) route under careful review to ensure it continues to reflect its policy intent and the UKs commitment to the Hong Kong community.