The CAT (Convention against Torture) and non-refoulement laws in Hong Kong provide protection and rights to refugees. Here is a description of these laws and the rights of refugees in their daily lives:

 

1. CAT Law: The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment prohibits torture in all signatory countries, including Hong Kong. This law prohibits the expulsion, extradition or refoulement of a person to a country where they risk being tortured. If a person applies for asylum in Hong Kong citing fear of torture in their home country, the CAT law allows authorities to consider their application and grant them protection if the fears are justified.

 

2. Law of non-refoulement: Hong Kong's non-refoulement law prohibits the refoulement of a person to a country where they risk being persecuted because of their race, religion, nationality, membership in a certain social group or his political opinions. This law is consistent with Hong Kong's international obligations under the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol. It aims to ensure that asylum seekers in need of protection receive a fair and full assessment of their application.

 

Refugees are recommended to seek help from organisations and agencies specialising in the protection of refugee rights for appropriate advice and support.

 

The legal process of an asylum seeker in Hong Kong generally begins with an assessment (Screening Interview) by the Director of Immigration. If rejected, an appeal can be made to the TCAB (appeal against first instance decisions in matters of CAT law). If rejected by the TCAB, the case may progress to judicial review.

 

Romain Pierre Levaire is registered with the specific CAT (Convention Against Torture) panel of the Duty Lawyer Service, and represents asylum seekers in specific procedures relating to this situation. He can participate in all stages of the process (screening interview, TCAB, Judicial Review)