APPEAL PROCESS
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
About the Appeal process
If your Non-refoulement claim is refused by the Immigration Department, you can appeal your decision to the Torture Claims Appeal Board/Non-refoulement Claims Petition Office (Appeal Board).
This section is a guide to appealing your Immigration Decision.
Important information before you start
If your claim is refused by the Immigration Department, you have 14 days to submit your Notice of Appeal/Petition to the Appeal Board. If you miss the deadline, the Appeal Board may decide to refuse your appeal because it is late without a hearing.
If your claim is refused by the Immigration Department and you do not file a Notice of Appeal/Petition, you may be detained and removed from Hong Kong.
A lawyer may be able to help you complete all of the steps below.
How can I find a lawyer to help me?
The Duty Lawyer or Pilot Scheme Lawyer who helped you make your claim for protection to the Immigration Department may or may not continue to represent you at the Appeal stage. This is their decision, and it will depend on their opinion of the chances of your appeal being successful. Your Duty Lawyer or Pilot Scheme Lawyer will tell you whether or not they will continue to represent you, when they give you the decision from the Immigration Department and should explain the reason for their decision.
If your Duty Lawyer or Pilot Scheme Lawyer will no longer represent you at the appeal stage, there are two ways you can find a new lawyer:
1. Request a second opinion from another Duty Lawyer or Pilot Scheme Lawyer
2. Engage a private lawyer
Request a second opinion from another Duty Lawyer or Pilot Scheme Lawyer
If your Duty Lawyer will no longer represent you, you can ask for a second opinion.
You must make a request in writing. Where possible, you should explain why your appeal has a reasonable chance of being successful. Write a letter based on your own facts. Only include accurate information.
This is an example of a Request for a Second Opinion letter.
If you have a child or children, it will be important for the Appeal Board to consider the risk/s to each of them as individuals, as well as on the basis of being part of the family unit. If you do not think you will be able to fully explain these risks without help from a lawyer, you should explain this in your letter.
Send your letter to the service/office which helped you with your claim to the Immigration Department.
If you were represented by Duty Lawyer Service, you
can submit your request for a second opinion by either:
ㅤ- Faxing the letter to 2868 1754; or
ㅤ- Deliver the letter by post or in person to:
Duty Lawyer Service
Unit 2503, 25/F,
Skyline Tower,
39 Wang Kwong Road,
Kowloon Bay,
Kowloon
If you were represented by Pilot Scheme Office, you
can submit your request for a second opinion by either:
ㅤ- Faxing the letter to 3428 5420; or
ㅤ- Deliver the letter by post or in person to:
Pilot Scheme Office
Unit 1261, 12/F,
Kowloon Bay International Trade and
Exhibition Centre,
1 Trademart Drive,
Kowloon Bay,
Kowloon
After submitting the letter, you must then wait for a phone call from the Duty Lawyer Service or Pilot Scheme Office. They will arrange a time for you to meet a second lawyer, who will review your case and tell you whether they will represent you.
Engage a private lawyer
You can pay a lawyer to represent you.
ㅤ- Choose a good lawyer with experience in Non-refoulement protection claims. Make sure they are registered with the Law Society.
ㅤ- Click here to find if a lawyer is registered.
ㅤ- Consider how you will pay the lawyer fees. Make sure you know what the lawyer will charge you and what work you are paying for.
If you cannot find a lawyer to help you
If you cannot find a lawyer to help you, you will need to represent yourself. This means you will likely need to prepare by getting evidence to support your appeal, and go to the hearing by yourself. Please review the information in steps 1-6 below.
If you need more information about the appeal process, please contact us by using the Find Us page of this guide.
