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Saturday, 23 November 2024

A refugee is someone who has been forced to flee his or her country because of persecution, war, or violence. A refugee has a well-founded fear of persecution for reasons of race, religion, nationality, political opinion or membership in a particular social group. Most likely, they cannot return home or are afraid to do so. War and ethnic, tribal and religious violence are leading causes of refugees fleeing their countries. More than half of all refugees worldwide come from just three countries: Syria, Afghanistan and South Sudan.

When people flee their own country and seek sanctuary in another country, they apply for asylum – the right to be recognised as a refugee and receive legal protection and material assistance. An asylum seeker must demonstrate that his or her fear of persecution in his or her home country is well-founded.

The UN's 1952 Refugee Convention, which clarifies the rights of refugees and the legal obligations of the signing countries to protect them, does not apply here in Hong Kong.

In Hong Kong, refugees can seek “non-refoulement”, which would protect them from being returned to a country where they would face torture, cruel, inhuman or degrading treatment or punishment and other irreparable harm.

However, even with a successful protection claim, they cannot become Hong Kong residents and they cannot stay here long term.

No one chooses to flee their country to be a refugee, but everyone has the right to seek asylum and receive protection.

Asylum is a human right alongside other basic human rights like the right to marry, to have a family, to go to school, to go to work. The right to asylum is enshrined in Article 14 of the Universal Declaration of Human Rights, which states that “Everyone has the right to seek and to enjoy in other countries asylum from persecution.”