Recognising Intimate Partner Violence as Grounds for Protection: A Case Win on Appeal

One of Justice Centre’s clients, a woman from Madagascar, was recently granted protection on appeal by the Torture Claims Appeal Board (TCAB)—a decision that highlights the growing importance of recognising intimate partner violence as a legitimate ground for non-refoulement protection in Hong Kong.

The client endured years of severe abuse at the hands of her husband, including physical assaults, psychological harm, and marital rape. After leaving Madagascar to work as a domestic worker in Hong Kong, she feared returning due to the risk of continued violence and a lack of meaningful state protection in her home country. When her initial claim was refused, Justice Centre assisted her in filing an appeal and securing legal representation by one of our law firm partners. In reviewing her case, the TCAB considered the extent and severity of the harm she had suffered, as well as the limitations of state protection for survivors of intimate partner violence in Madagascar.

This outcome is a critical affirmation of what Justice Centre and other advocates have long maintained: that gender-based violence, including abuse within the home, can constitute persecution and give rise to international protection obligations.  This decision was supported by the application of our research into Family Violence as Persecution, which draws on international guidance, case law, and local experience to provide a framework for recognising and substantiating these claims within the Hong Kong context.

We welcome the Board’s thoughtful consideration of this case and its recognition of domestic violence as a serious form of harm. It affirms that the protection system in Hong Kong can respond meaningfully to the realities of gender-based violence when the legal and evidentiary arguments are clearly presented. For our client, the decision brought immense relief. After years of fear and uncertainty, she now has a chance to rebuild her life in safety and with dignity. She shared her deep gratitude—for being heard, for being supported, and for finally feeling that her experience has been recognised.