Glossary

Adjudicator

An Adjudicator is a member of the Appeal Board who have been delegated with the authority by the Chief Executive of Hong Kong to hear and determine appeals/petitions against Immigration Decisions within the USM.

Absolute & Non-Derogable Right

Basic human rights such as right to life, no torture or inhuman treatment and no slavery.

Convention

Convention Relating to the Status of Refugees, also known as the 1951 Refugee Convention.

Court Liaison Officer

Part of the Duty Lawyer Service to help with your non-refoulement claim.

Duty Lawyer Service / Duty Lawyer

‍The Duty Lawyer Service provides free legal services. Duty lawyers are private and independent lawyers in Hong Kong, who are managed by the Duty Lawyer Service and funded by the Hong Kong government. The Duty Lawyer Service office is located on 17/F, Skyline Tower, Kowloon Bay.

Contact the Duty Lawyer Service

Hearing Bundle

The hearing bundle includes all of your case documents up until this point. This will include records of your screening interview and new evidence. It may also contain country information evidence that may have been submitted by you or the Immigration Department. You will usually receive a phone call from the Appeal Board around one week before your hearing. They will ask you to come to a specific location to pick up the bundle.

Immigration Decision

A written decision by the Immigration Department about whether or not to grant you protection in Hong Kong.

Immigration Department

Part of the Hong Kong government and is responsible for immigration control.

Judicial Review

Judicial Review is a court process that involves an application to the High Court of Hong Kong requesting that a Judge review whether a decision was made in a way that is valid and lawful. Judicial Review is a complex area of law.

For more information, the Hong Kong Department of Justice have produced this helpful online guide

Non-Refoulement Claim

A claim for non-refoulement protection in Hong Kong.

Non-Refoulement Protection

Protection against being sent back to your home country.

Notice of Appeal/Petition

If you wish to appeal or petition against the Immigration Decision, you must lodge Notice of Appeal/Petition within 14 days after the Immigration Decision is given to you and include a copy of your Immigration Decision.

You can download a Notice of Appeal/Petition here

Notice of Hearing

The notice of hearing will let you know when your hearing date will be. You should receive your notice of hearing, most likely by mail, at least 7 days before your hearing.

Notice of New Evidence

A notice that: 1. Lists the new evidence you would like the Appeal Board to consider; 2. Explains what the new evidence is; and 3. Explains how the evidence was gathered and why it was not submitted before.

Persecution

Someone will cause you serious harm or limits your human rights because of your race, religion, nationality, political opinion or because you belong to a particular social group.

Pilot Scheme Office / Pilot Scheme Lawyer

The Pilot Scheme for Provision of Publicly-funded Legal Assistance for Non-refoulement Claimants provides free legal services. Pilot Scheme Office are private and independent lawyers in Hong Kong, who are managed by the Pilot Scheme Office and funded by the Hong Kong government. The Pilot Scheme office is located in Units 1261, 12/F Kowloon Bay International Trade and Exhibition Centre, 1 Trademart Drive, Kowloon Bay, Kowloon.

Contact the Pilot Scheme Office.

Recognizance Document

Having a recognizance document means you cannot be detained until your claim is decided. A recognizance document does not give you residence or other rights in Hong Kong.

Torture

Your government will intentionally (or allow someone to) cause you a very high level of (physical or mental) pain or suffering so as to punish you, make you confess to something, or discriminate against you.

Torture Claims Appeal Board / Non-Refoulement Claims Petition Office (Appeal Board)

The Torture Claims Appeal Board (TCAB) or Non-refoulement Claims Petition Offices handles your appeal if your claim is refused by the Immigration Department.

UNHCR

United Nations High Commissioner for Refugees (UNHCR) provides international protection and assistance to refugees and, together with governments, find solutions to their plight.

Contact the UNHCR.

USM

The USM (Unified Screening Mechanism) is a system for you to seek protection in Hong Kong if you are afraid to go back to your home country.

Witness

Someone who can provide information that can support your case/argument. For example, someone who saw what happened to you and can confirm that part or all of what you say is true. It can also be someone who knows why it would not be safe for you to return to your home country. It can be someone in Hong Kong, in your home country or somewhere else.

Written Signification

A letter from you to the Immigration Department to explain why you are afraid to go back to your home country.