香港法律並不承認難民身份；儘管如此，難民可以申請 免遣返保護。獲得免遣返保護的難民可免於驅逐出境，亦可免於遣返後面臨的嚴重傷害或死亡風險。這亦即意味他們獲許暫留本港。
本港免遣返申請的處理程序稱為 「統一審核機制」。首階段申請由入境處處理。若申請被拒，申請人可以向酷刑聲請上訴委員會（TCAB）提出上訴。若申請再受酷刑聲請上訴委員會拒絕，申請人可以選擇提出司法覆核。若司法覆核成功，酷刑聲請上訴委員會必須重審案件。
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How many non-refoulement claims are filed and determined every year?
“Claims made” are claims filed by non-refoulement applicants. “Claims determined” are claims where a decision was made on the claim (ie. approved / rejected). “Outstanding claims” refers to claims that are still being processed through the system.
Who is currently in the process of their USM claim?
Click on the arrows to see demographics of USM claimants (at Sept 2021) with outstanding (ie. pending) claims. Demographics include nationality, age, sex, and immigration status.
What are the nationalities of the substantiated claimants in the USM?
A substantiated non-refoulement claim is one that has been approved, which allows the claimant to remain in the territory.
An increasingly large proportion of USM claims are substantiated on appeal.
This suggests a high rejection rate of USM claims at the initial application stage to the government.
80% of applications to work by USM claimants have been approved.
Non-refoulement claimants whose claims have been approved are not automatically granted the right to work. In order to work, one would need to apply separately to the Immigration Department. The request for approval to work is not considered through a formal system but on a “case-by-case” and “exceptional basis“.
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Vocabulary List
Commonly Used Abbreviations
CIC – Castle Peak Bay Immigration Centre
CIU – Complaints Investigation Unit (of the Correctional Services Department)
CSD – Correctional Services Department
HKPF – Hong Kong Police Force
ImmD – Immigration Department
MTKDC – Ma Tau Kok Detention Centre
NKCI – Nei Kwu Correctional Institution
TTG / TTGCI – Tai Tam Gap Correctional Institution
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