Hong Kong•AsiaUSM — Non-refoulement Protection Claim (不遣返保護聲請)
At a Glance
Varies
Free
Determined by the status of the claim
Not renewable
Renewal
Not renewable
Family
Not specified
PR Pathway
None
Sponsor
No job offer needed
Work
Remote not required
Overview
Free protection claim for individuals subject to removal who face torture, persecution, or cruel treatment if returned to their country of origin.
The Non-refoulement Protection Claim protects individuals in Hong Kong facing risk of torture, persecution, or cruel treatment if returned to their country of origin. Available to those subject to removal with no right to remain in Hong Kong, it requires substantiating evidence that safe relocation is impossible within the home country.
Application is free and non-renewable. Submit the Non-refoulement Claim Form within 28 days of your briefing session with supporting evidence. Processing time varies by case complexity. Temporary legal status is granted on approval, though work authorization requires exceptional case-by-case consideration. Spouses may work on a restricted basis.
This visa is ideal for humanitarian protection seekers facing genuine risk of torture or persecution who cannot safely remain in their home country.
Requirements
PUBLISHED REQUIREMENTS
Must be a person subject or liable to removal or deportation from Hong Kong.
Must fear that return to their country of origin would result in a risk of torture, persecution, or other serious harm as defined by the Unified Screening Mechanism (USM).
Must not have the right to enter and remain in Hong Kong.
REQUIRED DOCUMENTS
Written signification.
Completed Non-refoulement Claim Form.
Supplementary Claim Form (if applicable).
Available evidence or supporting documents detailing the risk of harm.
Advantages & Considerations
Key Benefits
- Completely free of charge with no application or processing fees
- Access to free legal assistance via the Duty Lawyer Service for qualifying claimants
- Prevents immediate deportation or removal while the claim is being processed
- Provides temporary legal status for those unable to safely return to their home country
- Open to applicants of all nationalities facing torture, persecution, or serious harm
- Official claim forms and documentation guidance available from the Immigration Department
- Includes right to appeal rejections to the Torture Claims Appeal Board within 14 days
Worth Knowing
- Work authorization not automatic; granted only on exceptional, case-by-case basis
- Hong Kong does not recognize refugee status; limited to non-refoulement protection only
- Process is rigorous and lengthy; may involve extended appeals and judicial reviews
- Spouse and dependents do not automatically gain work or residency rights
- Claimants may be detained under specific circumstances during the process
- Burden is high to prove risk of torture, persecution, or serious harm if returned
- No pathway to permanent residency or citizenship; status depends solely on claim outcome
Application Process
Submit a written signification to the Immigration Department.
Attend a briefing session where the application form is provided.
Complete and return the Non-refoulement Claim Form within 28 days, including evidence.
Attend a screening interview with an immigration officer.
Receive an immigration decision; if rejected, an appeal can be filed with the Torture Claims Appeal Board (TCAB) within 14 days.
Application Forms
| Non-refoulement Claim Form | Fill online |
| Supplementary Claim FormOptional | Fill online |
Related visas
More visas in Hong Kong
Humanitarian visas in other countries
- Medical Visa
Uzbekistan
- Sibling of T-1 (if T-1 under 21)
United States
- Government-Assisted Refugees
Canada
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