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The Hong Kong Special Administrative Region does not technically have its own asylum law. It's relevant to note that the process and legalities for obtaining such protection in Shatin, and throughout the region, are governed by "Non-Refoulement Claims." This essentially means that Hong Kong will not send an individual back to their home country if they face a high risk of torture, cruel, inhuman or degrading treatment or punishment, or threats to their life there.
Applying for asylum can be a complex and daunting process. If you’re not familiar with this legal area, there’s a risk of incorrect application or misinterpretation of requirements. Having an experienced lawyer specializing in asylum laws in Hong Kong can help prevent potential errors, assist with complex paperwork, and ensure that your case is presented in the most effective way. Furthermore, a lawyer can come to your aid in seeking an appeal in case of a rejected application, ensuring the proper grounds and argument are stated for reconsideration.
The key body of law for non-refoulement claims in Hong Kong is the Immigration Ordinance. The United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) is incorporated into Hong Kong domestic law. The non-refoulement principle under UNCAT became applicable in Hong Kong law through a Court of Final Appeal judgement in 2004. Hong Kong also practices the non-refoulement on the grounds of persecution or violation of right to life under the Hong Kong Bill of Rights Ordinance.
According to the Hong Kong government's Immigration Department, it is illegal for asylum seekers to undertake any form of employment, whether paid or unpaid, during the claim process. Violations could result in prosecution.
In Hong Kong, the government will not send an individual back to their home country if they face a high risk of torture, cruel, inhuman or degrading treatment or punishment, or threats to their life there. This protection is known as non-refoulement.
The timeframe for the consideration of a non-refoulement claim may vary. It depends largely on the circumstances of each individual case.
If your claim is rejected, you have the right to lodge an appeal. This needs to be done within 14 days of the claim being rejected.
Yes, asylum seekers are allowed to engage in studies while their claim is being processed. This, however, is contingent on individual circumstances and must be approved by the Immigration Department.
Individuals seeking asylum in Shatin, Hong Kong can reach out to several organizations for assistance. These include the UNHCR (The UN Refugee Agency), which offers limited assistance, as well as NGOs like Justice Centre Hong Kong, and Christian Action's Centre for Refugees. There are also legal aid services provided by the Hong Kong government for those who can't afford a solicitor.
If you need legal assistance in Asylum in Shatin, Hong Kong, find a reputed law firm specializing in these cases. Remember to gather all relevant supporting documents for your claim, and consult with your lawyer on the next steps. They can guide you on the application procedure, arrange for interpretation services if needed, and prepare for any interviews or appeals that may need to be undertaken.
