UNHCR logo
  •  Make a Donation
  •  Contact Us
UNHCR logo
  • Search
  • Hong Kong
  • Menu

Select a language for this section:

English 繁體中文

Select a language for our global site:

English Français Español عربي
Select a country or regional site:
  •  Make a Donation
  •  Contact Us

Share

  •  About Us
    • Figures at a Glance
    • The High Commissioner
    • Prominent Supporters
    •  National Goodwill Ambassador
    •  Nansen Refugee Award
    • Job Opportunities
    •  FAQ of Refugees
    •  Financial Information
    •  Contact Us
  • Emergencies
    • Winter Emergency 2020
    • Coronavirus outbreak
    • Venezuela Emergency
    • Bangladesh Rohingya Emergency
    • Syria Emergency
    • Yemen Emergency
    • Europe Situation
  •  What We Do
    •  UNHCR Work
    •  Who We Help
    •  Where We Work
    •  Sub-Office Hong Kong
    • Frequently asked questions
    • Education
    • The Global Compact on Refugees
    • Cash Assistance
    • Our fight against sexual exploitation, abuse and harassment
    • Protect LGBTI Refugees
    • 2030 Agenda for Sustainable Development
  •  Get Involved
    •  Donate Online
    • Donor Survey
    • Shop for Refugees : Send Gifts to Refugee Families
    • Become a Fundraiser: Every Birthday Counts
    • Private Partners
    •  Subscribe Enews
    •  Face-to-Face Fundraising
    • R-Connect Community Engagement Program
    • Internship
  • Events and Activities
    • 2 Billion Kilometres To Safety
    • NADIMA: A Tale of Shattered Innocence and Restored Hope
  •  News And Stories
    • News
    • Stories
    •  Newsletters & Reports
  •  Donate
    •  Donate Online
    • Shop for Refugees : Send Gifts to Refugee Families
    • Donate Your Birthday
    • Donate Your Zakat
    •  Other Ways to Donate
    •  FAQ of Donation
    • Update Donor Information
    •  Contact Us
Search UNHCR
Close Search
 
  • Home

FAQ About USM

The Government of HKSAR launched the USM on 3 March 2014.

3 Mar 2014

有些被趕離營地的家長希望孩子能夠繼續在當地學校上課。這個班房的學生有三份一是來自這些流離失所家庭。UNHCR/Frederic Noy

  1. What is the USM?
  2. What is the difference between the USM and UNHCR?
  3. When, where and how should I make claim under the USM?
  4. If I am rejected by the USM, can I apply to the UNHCR again?
  5. What will happen if I don’t make a claim under the USM?
  6. Will UNHCR tell the USM that my case was rejected and closed previously?
  7. I came to Hong Kong for UNHCR, not for the USM.
  8. What will happen if the Government of HKSAR wants to deport me? Will UNHCR protect me?
  9. How will the new procedures affect refugees already recognized by UNHCR?
  10. When will the UNHCR Hong Kong office close?
  11. After the USM is operational, what will UNHCR’s role be in Hong Kong?

1. What is the USM?

The Unified Screening Mechanism (USM) is the process the Hong Kong Government will use to screen all those claims lodged by persons not having the right to enter and remain in Hong Kong, on the basis that removing them to another country would expose them to risks of, including:

  • torture as defined under Part VIIC of the Immigration Ordinance (Cap.115), which implements the definition under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;
  • torture or cruel, inhuman or degrading treatment or punishment under Article 3 of Section 8 of the Hong Kong Bill of Rights Ordinance (Cap.383); and/or
  • persecution with reference to the principle of non-refoulement under Article 33 of the 1951 Convention Relating to the Status of Refugees.

2. What is the difference between the USM and UNHCR?

The USM will be independently operated by the Government of HKSAR, not UNHCR, to assess non-refoulement claims. UNHCR ceased asylum screening on 3 March 2014 when the USM became operational.

3. When, where and how should I make claim under the USM?

The Government of HKSAR launched the USM on 3 March 2014.

Should you wish to seek non-refoulment protection you should make a formal written notification to this effect by post to the Torture Claim Assessment Section of the Hong Kong Immigration Department directly at Unit 903B-910A, 9/F, Skyline Tower, 39 Wang Kwong Road, Kowloon Bay, Kowloon.

4. If I am rejected by the USM, can I apply to the UNHCR again?

No. The ImmD’s decisions under the USM are subject to review through administrative, statutory, and judicial channels, but not through UNHCR.

5. What will happen if I don’t make a claim under the USM?

If you do not have the right to enter and remain in Hong Kong, you may be returned to your country.

6. Will UNHCR tell the USM that my case was rejected and closed previously?

UNHCR will share with the ImmD only basic bio-data, namely: name, date of birth, sex, country/nationality, date of registration, photo, case status (whether it is active or closed), and date of closure of case. UNHCR will not share any other information relating to your case with the ImmD except with your expressed consent.

7. I came to Hong Kong for UNHCR, not for the USM.

Status determination is a responsibility that should be primarily undertaken by governments. However, in certain countries UNHCR carries out refugee status determination pursuant to its mandate given in its statute to provide international protection. This is very important and resource intensive work. UNHCR’s determination process cannot parallel the procedures put in place by well-resourced countries with sophisticated legal systems. The Government of HKSAR is now legally required to screen non-refoulement claimants who claim a fear of persecution.

8. What will happen if the Government of HKSAR wants to deport me? Will UNHCR protect me?

If you do not have the right to enter and remain in Hong Kong, you will be required to lodge a non-refoulement claim with the ImmD under the USM if you seek non-refoulement protection against removal to another country.

9. How will the new procedures affect refugees already recognized by UNHCR?

UNHCR will continue to look for durable solutions, including resettlement to a third country, for all refugees recognized by the UNHCR.

10. When will the UNHCR Hong Kong office close?

There are no plans to close the UNHCR Hong Kong office in the foreseeable future.

11. After the USM is operational, what will UNHCR’s role be in Hong Kong?

UNHCR will maintain a constant dialogue with the Hong Kong authorities on developing standards of protection. UNHCR’s in-depth knowledge of and familiarity with international refugee law gives it the ability to engage in promotional activities while making its special expertise available by offering advisory services, technical assistance and training. UNHCR hopes to continue to work in close collaboration with the Hong Kong Government.

Claimants whose non-refoulement claims have been substantiated on ground of persecution under the USM will be referred to the UNHCR for recognition as refugee under our mandate. To this end, the UNHCR will continue to look for durable solutions, including resettlement to a third country, for all refugees recognized by the UNHCR.

Share on Facebook Share on Twitter

 

  •  About Us
  • Emergencies
  •  What We Do
  •  Latest Updates
  • Donate Now

© UNHCR 2001-2021

  •  Contact Us
  •  Privacy Notice
  •  Request for Proposals
  • Job Opportunities
  • Follow
Subscribe to our Enewsletter