On 3 March 2014, the Hong Kong Government launched a Unified Screening Mechanism, or “USM”, to determine claims for non-refoulement protection against expulsion, return or extradition from Hong Kong to another country. Such claims are those 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 a risk of:
- torture as defined under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, or “CAT”;
- torture or cruel, inhuman or degrading treatment or punishment under Article 3 of section 8 of the Hong Kong Bill of Rights; and/or
- persecution with reference to the principle of non-refoulement under Article 33 of the 1951 Convention Relating to the Status of Refugees.
The Unified Screening Mechanism (USM) is the process the Hong Kong Government uses to screen all those claims lodged by persons who fear harm upon return to their country of origin.
The USM is operated by the Government, not UNHCR. As the Hong Kong Government is now legally required to screen persecution claimants, UNHCR has ceased conducting refugee status determination as of 3 March 2014. UNHCR will no longer register and assess new asylum claims nor will it assess and conclude pending asylum claims. The Immigration Department will make all final decisions with regard to applications lodged under the USM.
Although UNHCR’s role in Hong Kong has changed, there are no plans to close in the foreseeable future.
If you fear persecution upon return to your country of origin you may seek protection by lodging a non-refoulement claim.
Please Note: Persons with a valid Hong Kong visa cannot apply for non-refoulement protection under the USM. The Government’s obligation to assess re-foulement protection is triggered only when an individual’s valid visa has expired and a removal order has been issued against an individual. It is imperative to understand that the Immigration Department will withhold removal/deportation only for those persons who have lodged a non-refoulement claim with the Immigration Department.
Confidentiality and Information Sharing
The Court of Final Appeal judgement has required the Immigration Department to give weight to any refugee status determination conducted by UNHCR. Therefore, for cases that have previously been handled by UNHCR, the Immigration Department may seek to obtain from UNHCR any relevant case information and assessment, which will be taken into account in the Immigration Department’s own assessment under the USM.
If you have registered an asylum claim with UNHCR in the past all information that you have submitted to us or which you provide during the interviews will be kept strictly confidential, and will not be disclosed to your government, the Hong Kong government or any outside organization without your consent.
Step 1: Surrender to Immigration Department (ImmD)
If you do not already have a Recognizance Document (RD) please approach the General Investigation Section (GIS) of the Immigration Department (ImmD) and “surrender” voluntarily. (You may have to wait for an extended period before you given an appointment.)
Step 2: Detention
After completion of the procedures at the GIS a removal order will be issued against you and you will be detained for verification and investigation.
For more information on the location and contact details of the Immigration Offices please click below:
- Castle Peak Immigration Center
- Ma Tau Kok Immigration Department for Reporting
- Kowloon Bay Immigration Department Office
Step 3: Written Signification
You should at this point submit a formal written signification clearly stating; (i) your name; (ii) country of origin, (iii) why you fear returning to your country of origin and (iv) what harm you may encounter. The signification can be written in your own language. Please include your mailing address and mobile number. If you don’t have a mailing address please inform the Immigration Officer. You can mail or personally submit this 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..
You should clearly write your reasons for claiming non-refoulement protection. Please elaborate on the reasons why you fear returning to your country of origin and what harm you may encounter.
Step 4: Issuance of a Recognizance Document (RD)
After an investigation into your identity, how you came to Hong Kong, what identity documents you used to come to Hong Kong and other issues, you are likely to be issued with a Recognizance document by the HK authorities pursuant to the HKSAR Immigration Ordinance, and released. The outcome and duration of each investigation is uncertain. Most cases are resolved in a matter of weeks and only in certain circumstances do cases take much longer.
A Recognizance document is not a visa and simply provides you with conditional release. The Recognizance document does not legalize your stay in Hong Kong and does not confer any rights to you. The Recognizance document also carries with an obligation for you to report to the immigration authorities on a periodic basis.
Step 5: “Notice to persons making a non-refoulement claim”
The ImmD will mail you a “Notice to persons making a non-refoulement claim” and give you an appointment to take your fingerprints and photograph and provide a briefing of the relevant procedures. (It may take a few weeks before you receive this from the ImmD.)
Please also refer to the please refer to: http://www.immd.gov.hk/eng/useful_information/non-refoulement-making-claim.html by the Immigration Department of Hong Kong SAR.
Step 6: Appointment
At the appointment you will be fingerprinted and photographed and a Duty Lawyer will be appointed to you. The ImmD will provide you with a “Non-refoulement Claim Form” to be completed and returned within 28 days with the assistance of a Duty Lawyer. At present, over 350 barristers and solicitors, are on a roster to provide legal assistance to claimants, including completing the claim forms, accompanying claimants at screening interviews, examining the case and assessing merits of appeal for claimants rejected by the ImmD, and representing claimants at oral hearing (if any) during appeals.
For more information on the Duty Lawyer Service see:
Step 7: Screening interview
(You may have to wait weeks or months before you are called for a screening interview) In general terms, an individual who indicates his or her intention to seek non-refoulement protection is interviewed, and eventually an analysis and determination is made. The length of time required to make this determination depends on various factors.
Step 8: Rejection of Non-Refoulement claim & Appeal
If your claim is rejected at first instance, and you do not agree with the ImmD’s decision, you may lodge an appeal. You will have 14 days within which to file a written appeal with the assistance of a Duty Lawyer. The Torture Claims Appeal Board is a body working independently of the Immigration Department.
Humanitarian Assistance
A Recognizance document and registration of a USM claim, is necessary to access social assistance. It is required for you to be eligible for assistance from the Social Welfare Department’s implementing partner International Social Service (ISS), to receive fee waivers for medical services from public hospitals and clinics (other than Emergency Services, which are available to all), and to apply to the HKSAR Education Department Bureau for a tuition waiver for school.
Social Welfare Department
You must first register with the Social Welfare Department (SWD). You may be asked to show confirmation of your USM claim. If you do not have any written confirmation, SWD may obtain your consent to contact ImmD for verification directly. (The confirmation process may take some time)
Once confirmation has been obtained by SWD, they will refer your case to International Social Service (ISS) via fax.
For more information on the location and contact details of the Social Welfare Department, please click here;
International Social Service (ISS)
ISS will contact you and give an appointment for an in-take interview.(You may have to wait for a few weeks before you are given an in-take interview. You will not have access to material assistance during this time, however you may approach the ISS office for emergency food)
Once an ISS has conducted an in-take interview, and you fulfill the criteria, you will be provided with food and shelter.
- For more information on how to access humanitarian assistance, please click here;
- For more information on medical assistance, please click here;
- For more information on the location and contact details for the International Social Service Hong Kong Branch, please click here.
