What is non-refoulement claim?

What is non-refoulement claim?

(3) to (5) Non-refoulement claimants are illegal immigrants, overstayers or persons who were refused entry upon arrival in Hong Kong. They do not have any legal status to remain in Hong Kong. Regardless of the outcome of their claims, they have no right to work in Hong Kong.

Who is protected by principle of non-refoulement?

This principle, reflected in different bodies of international law, protects any person from being transferred (returned, expelled, extradited—whatever term is used) from one authority to another when there are substantial grounds for believing that the person would be in danger of being subjected to violations of …

What article is non-refoulement?

Article 33
The principle of non-refoulement constitutes the cornerstone of international refugee protection. It is enshrined in Article 33 of the 1951 Convention, which is also binding on States Party to the 1967 Protocol.

How can I get refugee status in Hong Kong?

4. What is the process to seek asylum in Hong Kong? Claimants need to enter Hong Kong as a tourist and overstay their visa. They surrender their status and then file a written signification stating reasons why they cannot return to their home country.

Why did Hong Kong have many refugees?

From Maoist China During the Maoist era, the leading reason for Chinese refugees in Hong Kong was fleeing persecution, hunger and political turnmoil. The total of Chinese refugees entering British Hong Kong from 1950 through 1963 is about 1,160,000.

Can non-refoulement be violated?

One of the pillars of international refugee law is the principle of non-refoulement, which prohibits any State conduct “leading to the ‘return in any manner whatsoever’ to an unsafe foreign territory, including rejection at the frontier or non-admission to the territory.” In recent months, governments have violated the …

Why is non-refoulement important?

The most essential component of refugee status and of asylum is protection against return to a country where a person has reason to fear persecution. This protection has found expression in the principle of non-refoulement which, as will be seen below, is widely accepted by States.

Does Hong Kong allow refugees?

Because Hong Kong is not a signatory to the 1951 Convention relating to the Status of Refugees, and has no legal framework governing the granting of asylum, UNHCR has traditionally been responsible for RSD and for providing assistance to asylum-seekers and refugees.

Are refugees allowed to work in HK?

6. Are substantiated claimants allowed to take up employment in Hong Kong? There is no blanket permission for substantiated claimants to take up paid work in the territory. Individual applications would have to be filed at the Hong Kong Immigration by claimants and these are considered on a case by case basis.

Can Chinese immigrate to Hong Kong?

Under the ‘Admission Scheme for mainland Talents and Professionals’, professionals from mainland China who possess good educational qualifications and who also possess special skills, knowledge or experience of value to and not readily available in the Hong Kong can enter and work in Hong Kong by applying for the …

Is there an exodus from Hong Kong?

After a national security law was imposed on Hong Kong in June 2020, more residents began relocating overseas. The number of emigrants is expected to peak around the end of this year or in 2022, and may total some 100,000, according to one estimate.

What is the meaning of non-refoulement?

Non-refoulement (/rəˈfuːlmɒ̃/) is a fundamental principle of international law that forbids a country receiving asylum seekers from returning them to a country in which they would be in likely danger of persecution based on “race, religion, nationality, membership of a particular social group or political opinion”.

What happens if a non-refoulement claim is substantiated?

In this connection, persons whose non-refoulement claim is substantiated under the USM on grounds of persecution risk will be referred to the UNHCR for recognition as refugees under its mandate and, if so recognised, arrangement of resettlement of them to a third country.

How to lodge a non-refoulement claim from Hong Kong?

For persons subject or liable to removal or deportation (or whose surrender is requested in surrender proceedings) from Hong Kong who claim for non-refoulement protection on any applicable grounds as set out in the Notice, they may lodge non-refoulement claims with the Immigration Department (ImmD).

What is the government doing about non-refoulement claims?

The Government has in the past three years implemented various initiatives to handle non-refoulement claims, which yielded positive results. Last year, the number of non-ethnic Chinese illegal immigrants and new non-refoulement claims received significantly dropped by about 80 per cent from the peak.