Best Asylum Lawyers in Mong Kok

About Asylum Law in Mong Kok, Hong Kong

Asylum law in Mong Kok, Hong Kong, refers to the legal procedures and protections available for people who are seeking refuge from persecution, violence, or serious harm in their home countries. People who fear returning to their country due to threats based on race, religion, nationality, membership in a particular social group, or political opinion can apply for asylum protection. However, Hong Kong does not have its own refugee status determination system. Instead, claims are processed under the Unified Screening Mechanism (USM), which assesses non-refoulement claims under international and local legal principles.

Why You May Need a Lawyer

Navigating the asylum process in Mong Kok, or any part of Hong Kong, can be complex and emotionally taxing. Many people may require legal help for the following reasons:

• Understanding eligibility criteria and preparing a credible claim
• Filling out application forms and ensuring all necessary documents are submitted
• Facing interviews, screenings, and hearings with the Immigration Department
• Appealing a negative decision or dealing with detention or removal orders
• Dealing with language barriers or gathering evidence for their case
• Experiencing threats to safety while waiting for a decision

A lawyer familiar with asylum law can offer valuable guidance, help present your case more effectively, and improve your chances of securing protection.

Local Laws Overview

In Hong Kong, the legal framework around asylum does not include a local refugee status determination system. Here are some key aspects:

• Hong Kong is not a signatory to the 1951 Refugee Convention, but it follows the principle of non-refoulement, meaning no person can be sent back to a place where they may face persecution, torture, or mistreatment.
• All claims are processed under the Unified Screening Mechanism (USM), operated by the Immigration Department.
• Successful claimants do not get refugee status but are allowed to stay temporarily. They may not have a right to work or access most public services.
• Decisions can be appealed through the Torture Claims Appeal Board.
• Legal aid may be available for those who qualify financially.
• Claimants must cooperate with regular progress checks and comply with rules while staying in Hong Kong.

Frequently Asked Questions

What is asylum and who can apply for it in Mong Kok, Hong Kong?

Asylum is a form of protection for individuals fleeing persecution based on specific grounds. Any person in Hong Kong, including Mong Kok, who fears persecution if returned home may apply for protection through the USM.

What is the Unified Screening Mechanism (USM)?

The USM is the government process for screening all claims seeking protection against torture, persecution, and inhuman treatment. It combines screening for asylum, torture, and cruel or degrading treatment claims.

Can I work while my asylum claim is being processed?

Generally, claimants are not allowed to work while their claim is under review. In certain circumstances, you may apply for special permission to work if your case takes a long time.

How long does the asylum process take in Hong Kong?

The duration varies greatly. It can take months or even years for a final decision, depending on the complexity of the case and backlog in applications.

What kind of support is available for asylum seekers?

The government provides basic assistance such as food coupons, accommodation, and medical services through non-government organizations. However, support is limited and does not cover all needs.

What happens if my claim is rejected?

If your claim is rejected, you can appeal to the Torture Claims Appeal Board. If the appeal is unsuccessful, you could face removal from Hong Kong.

Is there a risk of detention while my claim is pending?

Yes, claimants may be detained under certain circumstances, especially if they are found to have violated immigration laws or pose a security risk.

Do I need a lawyer to submit a protection claim?

A lawyer is not strictly necessary, but legal representation can help you better prepare and present your case and is highly recommended.

Can my family members also apply for protection?

Family members present in Hong Kong who face similar risks may apply individually or be included in your application, depending on their circumstances.

Will the Hong Kong government share my information with my home country?

The information you provide in your claim is generally kept confidential and not shared with authorities from your home country.

Additional Resources

If you need more information or support, consider reaching out to the following:

• Hong Kong Immigration Department - for submissions and inquiries on USM and asylum processes
• Legal Aid Department - provides assistance to eligible asylum seekers for appeals and legal representations
• Justice Centre Hong Kong - offers legal advice, information, and support services to protection claimants
• Christian Action Centre for Refugees - provides humanitarian support and advocacy for asylum seekers
• Caritas Hong Kong - delivers social services to vulnerable communities, including claimants

Next Steps

If you or someone you know needs legal assistance with an asylum claim in Mong Kok, Hong Kong, consider the following steps:

1. Seek initial information and guidance from local NGOs or social service centres experienced in asylum support.
2. Contact a lawyer or legal aid service to discuss your specific situation and receive professional advice.
3. Prepare all personal documents and evidence related to your claim, such as identification, proof of persecution, or other supporting materials.
4. Attend all appointments and interviews scheduled by the Immigration Department and cooperate fully with the process.
5. If your claim is refused, consult your lawyer about the appeal process and timelines for taking action.

Taking early, informed steps and getting the right legal support can make a significant difference in the outcome of your asylum application.