Hong Kong’s recognition of refugee status is no guarantee of protection for those who need it
Victoria Wisniewski Otero says while a welcome development, the city’s landmark recognition of a Syrian refugee also points to flaws in the system, which often leaves verified asylum seekers stuck in limbo
It is a reminder that we must confront the reality that Hong Kong receives requests for help from people in genuine need of asylum, and it has an international responsibility to heed these calls. It is also a gesture of solidarity, at a time when the US has turned its back on Syrians. President Donald Trump’s first weeks in office unequivocally show the world that he has no space in his heart for refugees; I only hope that the international community does not follow his behaviour. Indeed, the world’s refugees need our support now more than ever.
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Hong Kong’s decision is heartening, but it is only the first step. For, what is refugee status without residence or resettlement? Refugees who have been granted recognition in Hong Kong cannot be returned to a place where their life will be at risk. Yet they are denied legal residence here, or even any legal status that distinguishes them from “illegal overstayers”, as Hong Kong is one of the few wealthy jurisdictions in the world that is not bound by the refugee convention. Recognised refugees must wait to be resettled in a third country.
Hong Kong must no longer skirt around the issue of resettlement and durable solutions
As someone who has worked with and for refugees for the past four years, I see a common arc to a refugee’s journey, even though each person’s story is unique. There would be the initial relief of being out of danger and gratitude towards Hong Kong people for their assistance. Then culture shock would set in, so would loneliness, and the dread of having to recount their traumatic experiences for their legal claim. Disbelief and disappointment would follow, when the reality sets in that they have no legal status and are not allowed to work; then guilt over their past choices, and deep frustration and helplessness about their claim dragging on.
A positive refugee recognition would bring a wave of elation, gratitude for the hardworking lawyers who helped them, and renewed positivity with the promise of resettlement. Only some of the 72 recognised refugees from 2009 to December last year have been resettled, and most have gone to the US or Canada. The round of vetting by the receiving country sometimes took years, or it never came at all. With the direction the current US administration is taking, that portal may be rapidly closing.
Recognised refugees may be referred to the UNHCR in Hong Kong for resettlement. However, not all claims fall within the mandate of the UN agency, and while an application may be put to a third country, there is never a guarantee of resettlement.
