how to apply for asylum in china

How to apply for asylum in China?

You can apply for asylum in China to the border police. You can apply directly to the immigration department of the police after entering the border of China. After proving your status, your application is submitted to the Regional Immigration Board for approval.

How to apply for asylum in China?

Political asylum refers to the behavior of the state to allow entry, residence and protection of foreigners who are wanted or prosecuted by their country for political reasons and request political asylum, and reject the extradition request of the government of their home country.

What documents do I need to apply for political asylum?

If you cannot exercise the guarantees of democratic freedoms in your country, you can claim political asylum. If you are not a political criminal or violated UN principles.

According to the Geneva Convention, an application can be made to the border police or directly to the Immigration Department of the police station after entering the border of other countries. After proof of identity, your application is submitted to the district immigration Committee for approval.

Documents that must be submitted to the Immigration Department of the police:

1. The reasons for seeking asylum in the language of the country;

2. Copy of passport;

3. Any other documents that will facilitate the application;

Once you have a refugee permit, you can ask the immigration window for a residence permit.

The main objects of asylum are political asylum seekers. Asylum is related to the principle of non extradition of political prisoners, but the object of asylum is beyond the normal sense of political prisoners. Moreover, asylum not only includes non extradition, but also includes not expelling and allowing them to live in the territory.

To successfully apply for political asylum, the applicant should be able to demonstrate that:

1. The applicant has been persecuted in the past, or is indeed afraid of being persecuted;

2. The persecution is based on race, religion, nationality, affiliation to a social group or political opinion.

As for persecution, it refers to the physical and mental harm inflicted on the persecuted by the persecutor in order to punish the forced victim’s beliefs or characteristics, such as discrimination, corporal punishment and excessive punishment imposed for illegal departure. If the government deprives a person of his freedom and property without judicial process, it will constitute persecution due to different political opinions.

It should be noted that criminal punishment is not persecution, harassment itself does not constitute persecution, short-term detention does not constitute persecution, while massacre, imprisonment, long-term imprisonment and enslavement are persecution. Long term unfair treatment can also constitute persecution. Although economic deprivation can also constitute persecution, it must be proved that deprivation is excessive and unique.


People applying for a refugee certificate in China can stay in China with the temporary identity certificate issued by the public security organ. foreigners who are recognized as refugees can stay and reside in China with the refugee identity certificate issued by the public security organ.

“Legal basis: “Regulations on the Administration of Employment of Foreigners in China” Article 8 Foreigners working in China should enter China with a Z visa (if there is a mutual visa exemption agreement, follow the agreement), and obtain a “Foreigner Employment Permit” after entry (hereinafter referred to as the Employment Permit) and the residence permit for foreigners can only be employed in China.


Who must be the subject of the right to asylum in China?

The People’s Republic of China may grant the right of asylum to foreigners who seek asylum for political reasons.

The right of asylum is granted only to foreigners who have applied for it, not including stateless persons.

The foreigner’s request for asylum to the Chinese government must be due to political reasons, excluding general criminal offenses.

The Chinese government may agree or disagree with the request for asylum.

Foreigners granted the right for asylum shall not be extradited or expelled.

The management of their residence, relocation and movement in China shall, in principle, be treated in accordance with the treatment of general overseas Chinese nationals, but they may also be treated differently accordingly to the status of political asylum seekers accordingly to the specific circumstances. In addition, the right to asylum has nothing to do with the principle of reciprocity.

Article 32 of the constitution states that the People’s Republic of China protects the legal rights and interests of foreigners in China, and foreigners in china must abide by the laws of the People’s Republic of China. The People’s Republic of China may grant the right of asylum to foreigners who request asylum for political reasons.

 

 


Refugees in China must contact UNHCR’s offices in Beijing.

UNHCR Beijing
1-2-1, Ta Yuan Diplomatic Office Building, 14 Liangmahe Nan Lu, Beijing, China 100600
Tel: +86 10 65 32 68 06
Fax: +86 10 65 32 16 47
Email: chibe@unhcr.org
Working Hours: Monday to Friday 08:30-12:30 and 13:30-17:30
Time Zone: GMT + 8:00

The office of UNHCR is in Beijing. It was established in the 1980s. There have been refugees in China since then. Asylum seekers in China are recognized and protected by the Chinese government. Apply For Asylum: China.

According to UNHCR, As of September 2013. The total number of refugees residing in China is about 301,383.

Indo Chinese: 300, 895

Asylum seekers: 332

Refugees: 166

The complete population of concerned persons: 301,383
 
Recently that refugees in China were able to register presence because of these statistics. Under a new exit and entry law, passed in July 2012 but entered into force as of 1 July 2013. Refugees may stay in China following the receipt of an ID from public security agencies.
Also, asylum seekers may use a temporary ID card to remain in the country. But their refugee status gets reviewed by The National People’s Congress Standing Committee. The UNHCR and the Chinese government work on registration to strengthen this situation. 

How to apply for asylum in China?

Registration process 

To register for Refugee Status at the Beijing office is simple and easy.

You need for identification-

  • A passport
  • An ID card.

It determines your country of origin. It also determines how you got to China. After that, an appointment slip is provided/issued to you. You have to wait for at least one or two months for it During the forming process, a guide book provided to you. You have to read it. To know the rights and limits of refugees in China. After that, an asylum certificate is issued to you. A certificate is a form of identification document. You can use it when you encounter a problem. On presenting your certificate to the police, you get released.

To know the rights and limitations on refugee status in China. A UNHCR Guide Book is given to you. That will grant you a certificate of the asylum seeker as an applicant. The credential gets used when you are having a problem or are being targeted by police arrests. You get released after you send your certificate to the police. 

Certificate validity period

The term of every certificate is two to three months and can get extended for more time. The renewal of a certificate, which gets implemented a few months ago, has one condition. In other words, a candidate must register with the police in the city or town of the house. Or with the public security office and send a notice for renewal of the certificate to the UNHCR.

Office of Public Protection

There is the most consoling feature of China’s registry of asylum seekers. It is the potential for refugees to register for safety and security at the local police station. In China, both the Chinese and foreign nationals get secured by the public security office. You must be a citizen with a valid visa to get this registration as a foreigner. In the meantime, if you get permitted to do so by a refugee or asylum seeker, you get deemed legal while you wait.
The Chinese government should get congratulated on the broad incentive given to refugees. To remain in the country by enforcing the legislation. That law was overdue for a long time. The United Nations Security Council is a continuous member of China. A party to two foreign laws on refugees: the Convention of 1951 and the Protocol of 1967. As such, when it comes to defending refugees, China should not be in the rear seat.
The Chinese Government for its contribution to UNHCR’s registration process for asylum seekers. Much like it does not mean that you are a staff member, so it is for the asylum seeker to apply to an employer for a job. A little bit of information might be useful for you here.

Refugee and Asylum Issues

In September 1982 China acceded to the Refugee Status Convention of 1951. And its Protocol of 1967. The domestic refugee law and asylum law is still in progress. Despite its accession to the treaties. Article 32 and 46 of the Exit and Entry Law are the only applicable legal provisions.
 
The first provides for the general asylum principle. It states that foreigners who apply for asylum for political reasons. They can get asylum by the government. In China, this latter accounts for the possibility of ID cards for refugees. There are considerations of a refugee law addressing a variety of refugee problems. There is one article in the Exit and Entry Law. Refugees seekers in China are subject to the other provisions.
The Office of UNHCR Beijing carries out in China determinations. It is of refugee registration and refugee status. Recognized refugees will stay in China. While the UNHCR is searching for a permanent solution. That includes relocating to a third country. Non-Indochinese refugees get considered immigrants without the right to live. The UNHCR assists them in the areas of food, housing, health, and educational activities for children.
Refugees in China must get subject to other provisions of the exit-and-entry act. As well as other applicable Chinese laws, regulating aliens and stateless persons. Foreigners aged seventeen and older must bear their documents for public safety exams.
 
Foreigners often have to apply for their residency permits. Wherever they are living to local public security bodies. Hotels must notify local public security bodies of details related to international visitors.

A.  Admission of Refugees and Handling Refugee Claims

Official website in Chinese

 

The difference between asylum and refugees under U.S. immigration laws.

Who should seek asylum status, and who should seek status?

  1. You can’t return to your country.
  2. Because you persecuted there in the past
  3. The reason you persecuted connects to one of five things:
  • Race
  • religion
  • Nationality
  • Membership in a social group
  • Your political opinion.

I. History General

A. Refugees from Indochina

While not commonplace for refugees and seekers of asylum. It got replaced by Sudan recently in mid-2015. to the fact that it welcomed and still hosts a large number of Indochinese refugees. But has also one of the top ten countries that receive refugees. Also, recognized by the United Nations High Commissioner for Refugees (UNHCR). They got refugee status and found in Southern China. According to the UNHCR, Indochinese and their children’s refugees are well integrated. And got secured by the Chinese government. Indochinese refugees and their children are Chinese.

B. Refugees from Non-Indochina

 
In the past two decades, there has been a growing number of refugees arriving in China. And the transit and destination of the country for mixed migration. It got the product of its geographical and economic importance. As well as those of Indochina, China attracted very few refugee’s requests.
 
As of June 2015, 301,057 refugees, 300,000 Indochinese refugees, and 564 asylum seekers got identified. As data provided by the United Nations Human Rights Commission (UNHCR).
 
Somalia, Nigeria, Iraq, and Liberia have top non-Indochinese countries of origin.

C. Inflows of Displaced Foreigners from Neighboring Countries

The Chinese government does not accept these refugees. North Koreans who have cross-China since the 1990s got regarded as illegal economic migrants.
For more than 30,000 ethnic Kokangs displaced by armed c-police. It is also a large-scale migration of foreigners from North Korea and Burma ( Myanmar).

Legislative law

In September 1982 China acceded to the Convention of 1951 on refugee status and its Protocol of 1967. The domestic legislation on refugees remains in progress.
Currently, one clause in the constitution setting down the general concept of asylum.
And one article in the law on the exit and entry that grants refugees. Asylum seekers, legal status is the only legal provisions relating to refugees. A broader spectrum of refugee problems gets covered by a comprehensive refugee statute.

A. Constitution Constitution

Article 32 states, “Foreigners who seek asylum for political reasons get asylum”

B. Entry and Exit Rule 2012

In 2012, the PRC Exit and Entry Law got adopted. It is replacing the previous two exit and entry laws for Chinese and foreigners. The current exit and entry legislation, effective July 1, 2013, is there. It specifies that refugees are eligible to receive ID cards in China for the first time. The new Exit and Entry Law got enacted in 2012.

Article 46 of the Exit- and Entry Law states that during the process of screening the foreigners. Status in China can remain in China with temporary certificates of identity.
Foreigners recognized as refugees got allowed to live or to live in China. It is with certificates of refugee identification obtained by public protection bodies.

The first step towards a legal framework for refugees residing in China got considered.

The law “foundation provides for more changes to refugee rights in China. Such as the right to labor and the right to education, because of refugees.

C. Proposed law on refugees

In the 1990s, attempts were reportedly launched to create a comprehensive refugee statute. But no bills have yet written. The Central Government authorities prepared the draught Regulations.
In its approval, the Regulations should cover refugee definitions, refugee competent authorities. The Regulations should get applied in this connexion.

 3. Asylum and refugee matters

Although the exit and entry Law specific to refugees only include one section. These are subject to other provisions of that law. As well as other related Chinese laws, regulating foreigners and statusless persons.

 Refugee claims for admission and handling

There are no rules governing refugee admittance and management. It complies with Chinese law, except Article 46 of the Exit and Entry Law. The competent body responsible for refugee affairs does not exist. In matters relating to the identification, repatriation, and refugee status of refugees. The Ministry of Public Security should be responsible. And the Ministry of Civil Affairs should be responsible for refugee resettlements. But no legislation authorizes them to serve as competent authorities.

The UNHCR Beijing Office is the general organization of the registration of refugees. And the determination of refugee status for non-Indochina refugees, according to the Office. The UNHCR seeks a lasting solution, often involve resettlement in a third country. that allows well-known refugees to stay in China.

 Refugees on the border

Article 20 of the Exit and Entry Law provides submission of visas before the visa. The law requires such foreigners to also supporting materials which prove that their visa applications.
The UNHCR officer says that, due to tight border control, refugees in China generally enter the country with valid visas, student visas, and visitor visas.

 Latest changes

As a result, China seems to have refused to make improvements or revisions to its refugee law.

Determination of refugee status

The UNHCR Beijing Office is generally responsible for assessing refugee status. And according to the UNHCR Beijing Office, the Chinese authorities have not made significant efforts.
The mandate of the United Nations High Commissioner for Refugees is to be noted.

Refugees, lodging, and support

In general, non-Indochinese refugees in China got treated as foreigners. The UNHCR helps them with regards to food, housing, health care, and education for children.
 
The United Nations High Commissioner for Refugees announced in November 2013. It is that refugee children got permitted to attend primary public schools.
 

Acceptance of resettlement refugees

China gave some 2000 Laotians and a smaller number of Cambodian refugees. It is from Thailand camp resettlement opportunities in 1981 and 1982. Some have preferred to remain in China while most of them repatriated.

The road to nature

As a rule, a foreign national individual who is ready to follow the Chinese Constitution. After the approval of the application, got naturalized as a Citizen of China. If the Chinese national is a close relative, settled in China, or have other valid reasons.
 
An immigrant who has entered the country holding a temporary house visa given an exit and entry license. If he or she is an investor by the rule of exiting and entering China. The basis of a humanitarian principle also provides for foreigners. Those who have made “notable contributions to Chinese economic and social growth”.

Stay

All foreigners of China aged sixteen or older are allowed by the Exit and Entry Law. It is for their public security bodies to bring their passports. And other travel documents or residents’ permits for inspection.

Moreover, foreigners residing in China got obliged to apply for their permits to the resident.
The law requires hotels to record information on foreigners. And send their information to local public security bodies for those who stay in hotels. If the foreigners themselves ho accommodate the foreigners must get registered. It should be in the local security bodies within 24 hours of their arrival.
The foreigner must get registered in public security bodies.


Source: Rnkx.com, www.faniuwenda.com

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