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Asylum law in Yuen Long, Hong Kong refers to the protections offered by the state to individuals who have fled their home country due to fear of persecution. These individuals, known as asylum seekers, can be granted refugee status after their claim for asylum has been assessed and deemed credible by the Hong Kong government. However, it's important to note that whilst Hong Kong does consider asylum cases, it is not currently a signatory to the 1951 Refugee Convention meaning the rights and entitlements of refugees can be limited compared to other countries.
A lawyer can be invaluable during the asylum process, offering guidance and invaluable knowledge of the law. They can assist with understanding the asylum application, prepare you for any interviews or hearings and advocate on your behalf. Legal representation can mean the difference between a successful claim and a negative decision, particularly in complex cases where there may be elements of doubt about someone’s status or reasons for seeking asylum.
In Hong Kong, asylum seekers fall under the Unified Screening Mechanism (USM). This system investigates claims of non-refoulement, i.e. the principle not to send a person back to a place where their life or freedom would be threatened. The USM takes into account three distinct claims: asylum (fear of persecution), torture, and inhumane or cruel treatment or punishment. It should be noted that recognition as a refugee does not provide a path to permanent residence in Hong Kong.
The asylum process in Hong Kong can take several years due to the complex nature of claims and the volume of applications the government receives.
