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Asylum law in Central, Hong Kong, is governed by the Hong Kong Immigration Department, under the principle of non-refoulement which prohibits deportation of individuals to their home country where they would face a risk of persecution, torture, or risk to life. However, Hong Kong has not adopted the 1951 Refugee Convention. Hence, it does not officially recognize refugees but allows for the UNHCR to determine refugee status and process claims for asylum seekers.
Even though the UNHCR determines the refugee status, the asylum process can be complex and daunting. Given the complexity of asylum proceedings, lack of knowledge about your rights and responsibilities, and difficulties in understanding and communicating in the local language, professional legal aid can be indispensable. A lawyer can provide crucial guidance on the proper procedures, help you appeal against denials, and represent you in any legal proceedings. They can also assist in filling out the necessary documents to increase the chances of achieving a favorable decision.
Asylum seekers are expected to substantiate their fears of being persecuted in their home country. The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) and associated local laws remain the primary legal instruments. Asylum law in Hong Kong operates under Unified Screening Mechanism (USM), which screens claims for non-refoulement protection. Individuals whose claims are substantiated under USM are not removed from Hong Kong, but they are not granted refugee status or right to work either.
An asylum-seeker is someone who is seeking international protection but whose claim for refugee status has not yet been determined by the UNHCR.
Non-refoulement is a principle of international law that forbids a country from returning asylum seekers to a country in which they would likely be in danger of persecution.
No, individuals who have been recognized as needing protection are not granted the right to work in HK.
Yes, asylum seekers can be detained for immigration reasons or if they are considered a security risk.
You have the right to appeal a decision if your claim is rejected. This should be done within 14 calendar days of receiving the rejection notice.
You can reach out to organizations such as Justice Centre Hong Kong, Christian Action, and the Hong Kong Refugee Advice Centre. These organizations offer legal advice and other forms of assistance to asylum seekers in Central, Hong Kong.
If you need to seek legal assistance with your asylum claim in Central, Hong Kong, the first step is to find a lawyer who specializes in asylum law. They can guide you through the application process, help prepare your case, and represent you in any legal proceedings. After engaging a lawyer, collect as much evidence as possible to support your claim of asylum, such as documents or witness accounts. Always ensure to relay accurate information to your legal advisor. Any inaccurate information may jeopardize your case.
