3. SUBMIT NEW EVIDENCE
After you have filed your Notice of Appeal/Petition, you can submit new evidence by submitting a Notice of New Evidence to the Appeal Board. You should also send a copy of the new evidence along with the Notice of New Evidence to the Immigration Department.
You should do this within 7 days after filing of your Notice of Appeal/Petition.
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Evidence is reliable information to help prove that you are telling the truth. It can be any information or document that shows why it is not safe for you to return to your home country because you might be killed, tortured or seriously harmed, or your human rights will be seriously restricted. What evidence you should give depends on your individual situation.
New evidence could include:
ㅤ- Supplemental statement: a statement from you, stating any new facts or information that directly relate to your case or is otherwise able to confirm the facts of your case.
ㅤ- Witness statement(s): statements from anyone who has witnessed incidents related to your case or is otherwise able to confirm the facts of your case.
ㅤ- Documentary evidence: any records that support or are relevant to your claim (e.g. police reports, medical records, legal documents etc.)
ㅤ- Country of origin information: general news articles and reports about your country, that may not be written about you in particular, but are relevant to why you are afraid to return.
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A Notice of New Evidence is a letter which you should submit with any new evidence you would like the Appeal Board to consider.
In the Notice of New Evidence, you will need to state:
ㅤ- What the evidence is.
ㅤ- How the evidence supports your appeal.
ㅤ- How you obtained the evidence and why you did not submit the evidence to the Immigration Department before, including any steps you had previously taken to try to obtain and provide the evidence to an immigration officer.
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The Notice of New Evidence and the new evidence should be submitted in person or by registered post to the Appeal Board.
Torture Claims Appeal Board/
Non-refoulement Claims Petition Office
Rooms 3007-10,
30/F, Immigration Tower,
7 Gloucester Road,
Wan Chai,
Hong Kong
Provide a copy of the Notice of New Evidence and new evidence in person or by registered post to the Immigration Department.
Removal Assessment Section,
Immigration Headquarters
61 Po Yap Road
Tseung Kwan O,
New Territories,
Hong Kong
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If you submit new evidence more than 7 days after you filed a Notice of Appeal/Petition, you will also need to explain in the Notice of New Evidence why you were not able to submit the evidence in time. Give details about:
ㅤ- All the steps you took to obtain and file the new evidence as soon as possible.
ㅤ- Any circumstances beyond your control which prevented you from filing the new evidence earlier.
Hong Kong Asylum Guide
Table of Content
Apply
1. Prepare Written Signification
2. Deliver Written Signification
3. Receive Recognizance Document
4. Attend Briefing Session
5. Prepare Non-Refoulement Claim Form
6. Attend Screening Intervention
7. Receive Decision
Appeal
1. Prepare Notice of Appeal
2. Submit Notice of Appeal
3. Submit New Evidence
4. Receive Notice of Hearing
5. Attend Appeal Hearing
6. Receive Appeal Decision
