5d. PERSECUTION BECAUSE OF YOUR SEXUAL ORIENTATION
You can use this guide by reading the questions and thinking about your response to each of them.
This is meant to be used as a guide only and cannot take the place of the specific facts of your own experiences. It is important to tell the truth and give accurate information.
In addition, any documents that you submit should be reliable and authentic; otherwise, it may harm your case. Where possible, you should try to identify where your evidence is from.
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When did you become aware of your sexual orientation?
When did you first realise you were different from others?
What led you to realise this?
When did you first realise you were attracted to people of the same sex?
If this was a particular experience:
How were you made aware of your sexual orientation?
Where were you at the time?
Who were you with, or what made you aware of your sexual orientation?
If somebody found our about your experience, what was their reaction?
Were there any repercussions as a result of your experience? For example, did you experience any punishment or discrimination?If you are in, or previously have been in, a heterosexual relationship:
When did you begin your heterosexual relationship?
Who is/was it with?
Why did you enter this relationship? If you were pressured into this relationship, who or what pressured you? How were you pressured?
Are you/have you been married?
Do you have any children as a result of this relationship? -
Have you experienced any discrimination because of your sexual orientation?
If you have experienced discrimination because of your sexual orientation:
When did you experience discrimination? Where have you experienced discrimination? For example, did you experience discrimination at work?
What form(s) did this discrimination take? For example, did you colleagues/employer begin to treat you differently after finding out about your sexuality? If so, how did they treat you?
Has this discrimination affected you psychologically?? If so, be prepared to explain how.
Has this discrimination affected you professionally? If so, be prepared to explain how. -
Have you attended any LGBTQ+ or Pride demonstrations in your country?
If so, what was the demonstration about?
Why did you join the demonstration?
What was your involvement in the demonstration?
Was the demonstration reported? If so where? Was it in English? If not, what language was it in? Will you be able to provide a copy of the report?Were you arrested?
Who arrested you?
Where were you arrested?
Do you think it was related to your sexual orientation? If so, be prepared to explain why. -
Have you participated in any LGBTQ+ advocacy or support groups?
If so, what is the name of the group?
What does the group stand for?
Who can join the group?
When did you join the group?
Why did you join the group?
What was your involvement in the group?
How often did you meet with the group?
Where did the group meet?Were you arrested?
Who arrested you?
Where were you arrested?
Do you think it was related to your sexual orientation? If so, be prepared to explain why. -
Did you experience any negative reactions while you were in your country to your sexual orientation?
If your family, friends and others became aware of and reacted negatively to your sexual orientation:
When did you realise that family, friends or others disapproved of you or the way you behaved?
When did you realise that the majority of people and the laws and culture of your society did not accept/approve of same-sex relationships?
How did these experiences affect you?
In what ways did this impact on your personal life: employment, your friendships, and family relationships?If your family, friends and others are not yet aware of your sexual orientation:
What do you fear will happen to you if your sexual orientation is known, or comes to the attention of your family, friends and/or the authorities?
Did you experience any harm/threats while you were in your country because of your sexual orientation?If you were threatened:
How were you threatened?
Who threatened you?
When were you threatened?
Do you think this was related to your sexual orientation? If so, be prepared to explain why.If you were harmed:
Were you attacked?
Who attacked you?
What injury did you suffer? This could be any physical and/or psychological injury. Do you think this was related to your sezual orientation? If so, be prepared to explain why.
Did you make (or try to make) a report to the police? If not, why not?If you have suffered physical injury:
Are you currently still experiencing the effects of this physical injury?
How has this physical injury affected you?If you have suffered psychological injury:
Are you currently still experiencing the effects of this psychological injury?
How has this psychological linjury affected you? For example, have you had any self-harm or suicidal thoughts/attempts?
Have you engaged (or tried to engage) a mental health professional to help you? If not, why not? -
Do you know other people in or from your home country who share your sexual orientation who were also persecuted? Has anyone you know been threatened or harmed because of their association with you? For example, have any of your family members been threatened or harmed by people who know about and disapprove of your sexual orientation?
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If you return to your home country, do you believe that the government cannot/will not protect you from harm?
Is there another area within your country where you can safely live? If not, be prepared to explain why.
What would happen if you tried to move there? Would you face any serious difficulties?
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If you were detained by the government, how did you leave the place where you were detained?
Were you granted a visa before you left your home country?
How did you leave your home country?
Did you have a passport when you travelled?
Did you have any issues with border control when you left the country?
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Have you met anyone in Hong Kong who shares your sexual orientation?
Have you continued participating in LGBTQ+ or Pride demonstrations since you arrived in Hong Kong? Be prepared to provide details.
Have you joined any LGBTQ+ advocacy or support groups since you arrived in Hong Kong? Be prepared to provide details.
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