Best Asylum Lawyers in To Kwa Wan

About Asylum Law in To Kwa Wan, Hong Kong

To Kwa Wan is a neighborhood in Kowloon. If you are in To Kwa Wan and are seeking asylum or making a claim for protection, you will use the same legal and administrative procedures that apply throughout Hong Kong. Hong Kong does not operate a separate local asylum regime for individual neighborhoods. Instead, asylum-seekers and people making non-refoulement claims are processed under Hong Kong-wide immigration and screening systems.

In Hong Kong, the term "asylum" is commonly used by people seeking international protection. The practical system assesses non-refoulement claims - claims that a person should not be returned to their country because they would face persecution, torture, or other serious harm. These claims are handled by the Immigration Department and by appeal and review bodies when a claim is rejected.

Why You May Need a Lawyer

Asylum and non-refoulement cases are often complex, technical, and time-sensitive. There are many reasons why you may need a lawyer, including -

- Preparing and presenting your claim so that it meets legal standards and addresses country-specific risks and persecution grounds.

- Collecting, organising and submitting evidence such as police reports, medical records, witness statements and contemporaneous documents.

- Attending screening interviews with the Immigration Department and ensuring your statement is coherent and complete.

- Appealing a negative decision to the relevant appeal body and preparing a strong legal argument or fresh evidence.

- Seeking judicial review in the High Court if there are legal errors in the decision-making process.

- Challenging detention and applying for bail or release from immigration detention.

- Applying for legal aid and understanding eligibility and merit tests for funding legal representation.

Local Laws Overview

Key legal and administrative elements relevant to asylum in Hong Kong include -

- Immigration Ordinance (Cap. 115): The central domestic statute governing entry, stay, removal and detention of non-citizens in Hong Kong. It provides the legal framework within which the Immigration Department operates.

- Unified Screening Mechanism: A Hong Kong-wide administrative system for assessing non-refoulement claims. The system considers claims under the Convention Against Torture and other applicable protection principles. The process includes an initial screening decision by the Immigration Department and further procedures for appeals.

- Torture Claims Appeal Board or appeal mechanisms: There are internal appeal routes for challenges to negative screening decisions. Independent appeal or review bodies examine whether the relevant threshold for protection has been met.

- Non-refoulement principle: Hong Kong recognises a duty not to return a person to a place where they would face torture or other serious harm. This principle is rooted in international obligations and domestic procedures used to examine claims.

- Judicial review: If administrative remedies are exhausted or there are arguable errors of law, applicants may apply to the High Court for judicial review of immigration decisions.

- Detention and removal: People without valid immigration status may be detained by the Immigration Department and face removal or repatriation. Claimants often face detention or the risk of removal, making early legal advice important.

- Legal aid and representation: Publicly funded legal aid is available in certain immigration and judicial review cases subject to means and merits tests. Duty lawyer services and pro bono assistance from the local legal profession and NGOs are also important sources of help.

Frequently Asked Questions

What is the first step if I want to seek asylum in Hong Kong?

If you are already in Hong Kong, you should tell an Immigration officer that you are claiming asylum or protection and ask how to make a non-refoulement claim. You should also contact organisations that support asylum-seekers and a lawyer as soon as possible. If you fear immediate return from a port of entry, inform border officials straight away and request to make a claim.

Where are non-refoulement claims assessed in Hong Kong?

Non-refoulement claims are initially assessed by the Immigration Department through the Unified Screening Mechanism. If your claim is rejected, there are established appeal or review procedures and you may also have a right to seek judicial review in the courts if there are arguable legal errors.

How long does the asylum screening process usually take?

Processing times vary greatly - some claims are decided relatively quickly and others take many months or longer. Delays can come from heavy caseloads, requests for further information, appeal procedures and court challenges. You should be prepared for a process that may be lengthy.

Can I work while my claim is pending?

Work rights for asylum-seekers in Hong Kong are limited. In general, people who do not hold valid work visas cannot legally work. There are narrow or conditional arrangements that may permit employment in rare cases, but these are restricted and depend on policy and eligibility criteria. You should seek legal advice before accepting any work.

Will I be detained if I make a claim?

Detention is possible for people without valid immigration status, but not all claimants are detained. Decisions about detention depend on individual circumstances, including identity checks, flight risk and public order considerations. If detained, you have the right to seek legal advice and potentially apply for bail or release on conditions.

What evidence do I need to support my claim?

Relevant evidence typically includes identity documents, travel documents, medical reports showing injuries or trauma, police or official reports, witness statements, news reports documenting conditions in your home area, and any other contemporaneous documents supporting your account. Legal advice can help you identify the most persuasive evidence for your case.

Can family members join me in Hong Kong if I am accepted as a refugee or given protection?

Family reunification options are limited and depend on the particular form of protection granted and immigration rules that apply. Hong Kong does not operate a comprehensive refugee resettlement programme like some countries. If you are granted protection, obtain legal advice promptly to understand any pathways for family members.

How do I appeal a negative decision?

If the Immigration Department rejects your claim, you should get legal advice immediately. There are formal appeal mechanisms within the screening system and you may be able to apply for judicial review in the High Court if there are arguable errors of law. Strict time limits and procedural requirements usually apply, so act quickly.

Can I get legal aid to help with my claim?

Legal aid may be available for certain immigration matters, especially for judicial review or appeal proceedings, but eligibility depends on means and merits tests. There are also duty lawyer services and pro bono assistance from legal clinics and non-governmental organisations that support asylum-seekers. Contact a lawyer or legal aid office to find out if you qualify.

What happens if my claim is finally rejected?

If all appeals and judicial reviews are exhausted and the claim is finally rejected, you may face removal from Hong Kong. In some cases, temporary measures or further legal avenues may be available. It is crucial to seek specialist legal assistance throughout the process to avoid missing deadlines and to explore any remaining options.

Additional Resources

Here are government bodies and organisations that can help you find accurate information and legal assistance -

- Immigration Department - the government body that handles entry, stay, detention and non-refoulement screening. Contact them for procedural information about making a claim and the status of an application.

- Legal Aid Department - assesses applications for publicly funded legal representation in eligible cases. They can explain means and merits tests for immigration-related legal aid.

- Duty Lawyer Service and the Hong Kong Bar Association - provide free or pro bono legal advice and representation in certain court matters and may offer advice for immigration cases.

- UNHCR Representation in Hong Kong - the UN refugee agency provides information, support and sometimes intervention on protection issues for asylum-seekers and refugees.

- Local NGOs - organisations that commonly assist asylum-seekers in Hong Kong include Justice Centre Hong Kong, Jesuit Refugee Service Hong Kong, Christian Action - Refugee Services and other community groups. These NGOs can help with casework support, counselling, social services and referrals to lawyers.

- Community social service organisations - local community and ethnic minority service groups can help with practical issues such as interpreting, housing information, medical referrals and food or subsistence assistance.

Next Steps

If you are in To Kwa Wan and need legal assistance with an asylum or non-refoulement claim, follow these practical steps -

- Tell Immigration authorities as soon as possible that you wish to make a protection claim and follow their instructions about screening.

- Contact a lawyer who specialises in immigration and asylum law. Early legal advice improves your ability to gather evidence, meet deadlines and present your case effectively.

- Register with or contact UNHCR and local NGOs for support, case management and referrals. NGOs often provide crucial non-legal assistance such as counselling, translation and practical help.

- Collect and organise any documents or evidence that support your claim - identity papers, medical records, police reports, witness statements, photographs and news articles about relevant conditions in your country of origin.

- If detained, ask to speak with a lawyer immediately and consider applying for bail if appropriate. Keep a record of all interactions with authorities, including dates and names of officials.

- Explore legal aid options and request information about eligibility. If you cannot afford a private lawyer, apply to the Legal Aid Department and ask NGOs about pro bono services.

- Do not accept removal or sign any documents without legal advice. If authorities ask you to sign removal documents, seek legal counsel first.

- Keep copies of all correspondence and decisions. Note deadlines for appeals and judicial review applications and act before deadlines expire.

Getting help early and working with experienced advisers - whether a lawyer, UNHCR officer or a reputable NGO caseworker - will give you the best chance of presenting a clear and well-evidenced claim for protection.