The Hong Kong Government neither provides free legal aid services to refugees making asylum claims with UNHCR, nor contributes to private representation for them. However, without legal representation, the possibilities of mistaken rejections are high because most asylum-seekers:
a) Generally do not understand the legal definition of the term ‘refugee’ and are completely unfamiliar with international refugee law.
b) Do not understand the Refugee Status Determination process and are confused by UNHCR procedures.
c) Are highly traumatized and unable to relate their claims in a coherent, chronological and legally relevant manner, especially when they have to relate traumatic incidents to complete strangers.
d) Often have to communicate via an interpreter as English is not their first language.
The recognition rate on First Instance is less than 5%, which is much lower than the average recognition rate of 40-50% in countries where legal aid is readily available. The stakes are incredibly high as rejection means deportation and possible return to persecution in the form of arbitrary imprisonment, torture, and even death.
In addition, legal advocacy is more efficient and cost-effective than mere handouts. The Refugee Status Determination process proceeds faster and is more accurately determined when an HKRAC caseworker identifies the legally relevant aspects of a refugee’s testimony. Legal advocacy is not only more efficient and cost-effective, but helps to put dignity back in the hands of the refugees, helping them to help themselves.