CACN – Protection Measures for Hong Kong Residents - Nov 16, 2020

Key Messages

• Individuals who have fled their home country and have no other durable solution may be referred to Canada for resettlement by the United Nations Refugee Agency (UNHCR) or may be privately sponsored.
• Canada’s resettlement program provides protection to at-risk individuals, with financial and settlement supports provided upon arrival in Canada for up to 1 year.
• Foreign nationals, including Hong Kong residents who are in Canada, continue to have access to the asylum system.
• Individuals who are eligible to make a claim are referred to the Immigration and Refugee Board of Canada, an independent, quasi-judicial tribunal, which decides whether or not an individual is in need of protection, based on the merits of their case.
• All eligible asylum claimants are afforded due process and the opportunity to make their case for needing Canada’s protection.

Supplementary Messages

Ministerial commitment to implement a new refugee resettlement stream for human rights defenders

• Canada strongly believes that the work of human rights defenders is essential to ensure the protection of human rights and fundamental freedoms.
• Last fall, my Government committed to implement a new resettlement stream for humanitarian workers, journalists and human rights advocates.
• Canada's refugee resettlement program already offers protection to some human rights defenders who have fled their home countries, as they are among the vulnerable persons referred to my Department by the United Nations Refugee Agency (the Agency).
• The Agency prioritizes and refers those most vulnerable and at risk, without making distinctions on the basis of nationality, race, gender, religious belief, class or political opinion. My Department does not, therefore, currently track how many resettled refugees are also human rights defenders.
• The implementation of the new resettlement stream for human rights defenders is on track to start in spring 2021.

Asylum Program - Pre-removal risk assessments

• In most cases, foreign nationals have to wait 12 months before they can apply for a pre-removal risk assessment (PRRA) after they get a negative decision on their asylum claim or negative decision from the Federal Court, if applicable.
• Due to the conditions in Hong Kong, individuals from Hong Kong who have received a final negative decision on their asylum claim or from the Federal court on or between November 13, 2019 and November 12, 2020, may be able to apply for a PRRA before 12 months have passed from the date of their decision.
• As a result, individuals from Hong Kong who were previously ineligible for a PRRA may now be eligible. This is another measure we are implementing in addition to the others that were recently announced.

Have any cases come to Canada’s attention?

• Canadian officials have been informed that some human rights defenders want to leave Hong Kong and that they are assessing what options are available to them.
• Immigration, Refugees and Citizenship Canada (IRCC) does not comment on individual cases in order to protect the privacy of clients. This is especially important where public attention to any possible cases might put clients at risk.

Is Canada helping to protect Human Rights Defenders who are still in Hong Kong and are at risk?

• Canada has a variety of immigration pathways available for Hong Kong residents.
• Last week, I announced a suite of measures for Hong Kong residents that will further expand their options, while encouraging them to bring their skills and talent to Canada.
• In addition, Canada’s refugee resettlement program is available to people at risk who have fled their home country. The program continues to operate on a limited scale in light of ongoing border restrictions.
• We would not be able to comment on possible cases of human rights defenders in Hong Kong who may seek protection so as not to put them at further risk.

Supporting facts and figures

• On June 30, 2020, China passed the National Security Law. This new law criminalizes “secession, subversion, terrorism, and collusion with foreign forces” – providing very broad definitions for these crimes.
• The new law gives powers to the People’s Republic of China government organizations, such as the State Security Bureau, to operate in Hong Kong. The State Security Bureau’s presence in Hong Kong decreases online freedom; increases surveillance of citizens and persons present in the territory; increases risks of arbitrary search, seizure, arrest and detention; and, reduces protections from rendition of persons in Hong Kong to mainland China. It is expected to give Beijing broad powers to crack down on human rights defenders in Hong Kong.
• Non-governmental organizations are beginning to report that some individuals would like to leave Hong Kong, many on a temporary basis.

Resettlement Program

• As of October 21, 2020, the number of resettlement applications submitted by Hong Kong Special Administrative Region residents from June 30, 2020 to August 31, 2020 is zero.
• As of October 21, 2020, the number of refugee resettlement applications from Hong Kong Special Administrative Region residents in the inventory is zero.

In-Canada Asylum Program

• As of October 27, 2020, there are 35 asylum claims made since January 1, 2015, by Hong Kong Special Administration residents pending at the Refugee Protection Division.

Background

• Hong Kong Special Administrative Region passport holders are visa-exempt, and can travel to Canada by air with a valid electronic travel authorization (e-TA). This passport allows individuals to travel to Canada on a temporary basis – as a visitor, student or worker. In the context of the global pandemic, however, international travel remains affected by border restrictions and individuals are prohibited from travelling to Canada unless they meet exemptions listed under Order-in-Council 2020-0523.
• Hong Kong residents who have fled the People’s Republic of China due to persecution and have no other durable solution, and who are seeking permanent relocation to a third country, can be referred to Canada for resettlement by the United Nations Refugee Agency, or identified by a private sponsor in Canada.
• Refugee resettlement to Canada during the COVID-19 pandemic has been heavily restricted by Canadian border closures as well as travel restrictions imposed by other governments. Despite these challenges, Canada is facilitating resettlement of refugees who need our help the most, including those with family already in Canada.
• In addition, as part of Canada’s Refugee Resettlement Program, Canada reserves space for the resettlement of refugees facing immediate threats to their life, liberty or physical safety. The Urgent Protection Program ensures that Canada is able to respond to urgent requests from the United Nations Refugee Agency for the resettlement of refugees outside their home country who are under threat of being killed, returned home, or of being subjected to violence, torture, sexual assault or arbitrary imprisonment.
• As travel restrictions gradually ease, which will vary from country to country, Canada continues to work with partners to facilitate the resettlement of refugees, while also ensuring appropriate measures are in place to support them upon arrival.
• Hong Kong Special Administrative Region passport holders who are in Canada and who believe they may be at risk of persecution or torture can access the asylum system. Arrests or convictions outside of Canada for actions that are not considered to be an offence in Canada, such as participation in a peaceful protest, would not make someone inadmissible to Canada for asylum/immigration purposes.