By Munera Lawyers
The Immigration and Refugee Board of Canada has determined that a married couple from Hong Kong qualifies as “Convention Refugees”, and have granted their claims for asylum.[1]
Amidst ongoing pro-democracy movement in Hong Kong, the former British colony has been experiencing civil unrest. The couple were active protesters in the pro-democracy movement, and were involved in mass demonstrations that came pursuant to Hong Kong’s leadership enacting legislation that would allow for extradition to mainland China.[2] One of the refugees states that he was hiding in a cave under a building at the end of his time in Hong Kong.[3] Others, whose claims have yet to be approved, state that they have been followed by unknown agents who have threatened to make them disappear.[4] New security laws were imposed by Beijing this summer that criminalized dissent and opposition. The new laws make secessionist activities illegal, including protesters calling for the independance of Hong Kong.
The couple was assisted by the New Hong Kong Cultural Club, who have also supported 30 other asylum claims to the Canadian government.[5]
Canadian immigration law classifies a Convention Refugee was someone who cannot return to their home due to a well-founded fear of persecution based on race, religion, or political opinion.[6] Further, Convention Refugees must be either outside of Canada or outside of their country of nationality, or if without a country of nationality, they must be outside of their country of former habitual residence and are unable or unwilling to return to that country due to fear.[7]
In order to be eligible to come to Canada as a Convention Refugee, you must be referred by either a refugee referral organization such as the United Nations High Commissioner for Refugees, or a private sponsor.[8] You must also meet the definition of the Convention Refugee Abroad Class or Country of Asylum Class, show that you have no durable solution, and pass medical, security, and criminality checks.[9]
To be considered a candidate for the Country of Asylum Class, an applicant must be seriously and personally affected by civil or armed conflict or a massive violation of human rights in their country of nationality or habitual residence, and outside of Canada, their country of nationality, or formal habitual residence if the applicant has no country of nationality.
[1] Chase, Steven & Robert Fife. “Canada begins accepting Hong Kong pro-democracy activists as refugees”, (7 October 2020), online: The Globe and Mail
[2] Ibid.
[3] Ibid.
[4] “Former Hong Kong activists wait eagerly as Ottawa starts approving asylum claims | CBC News”, (9 October 2020), online: CBCnews https://www.cbc.ca/news/canada/british-columbia/hong-kong-activists-wait-ottawa-approves-asylum-claims-1.5756028.
[5] Chase, Steven & Robert Fife. “Canada begins accepting Hong Kong pro-democracy activists as refugees”, (7 October 2020), online: The Globe and Mail https://www-theglobeandmail-com.cdn.ampproject.org/c/s/www.theglobeandmail.com/amp/politics/article-canada-starts-accepting-hong-kong-activists-as-refugees/.
[6] Immigration, Refugees and Citizenship Canada. “Government of Canada”, (28 May 2020), online: Canadaca
[7] Ibid.
[8] Ibid.
NOTE: This article has been written for general information purposes only and does NOT constitute legal advice. For further questions and/or legal advice please consult a qualified lawyer.