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PREPARING A CLAIMANT’S STATEMENT
SAMPLE INTERVIEW QUESTIONS
This document sets out sample interview questions for eliciting information from protection claimants. It
does not seek to comprehensively identify each and every question that should be asked to elicit relevant
testimonial evidence.
Rather, it aims to provide a starting point for gathering information regarding various elements of the
definition of refugee status, or torture or cruel, inhuman or degrading treatment or punishment. Your
interview questions should follow the nature of your claim, and the details of the individual claimant‟s
narrative.
Use only those questions which might be relevant to the claim.
Given the vulnerability of protection claimants, please exercise caution, judgment and sensitivity when
determining whether to ask questions which are likely to re-traumatise claimants. In such circumstances,
obtain guidance from the Protection Claimant Services Director or Justice Centre staff.
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TABLE OF CONTENTS
1. BACKGROUND INFORMATION........................................................................................................................................... 3
2. REASONS FOR PERSECUTION ......................................................................................................................................... 4
2.1. RACIAL AND ETHNIC IDENTITY ................................................................................................................................. 4
2.1.1. Characteristics of the Group ..................................................................................................................................... 4
2.1.2. Persecution of the Group ......................................................................................................................................... 5
2.2. NATIONAL IDENTITY OR CITIZENSHIP ...................................................................................................................... 6
2.3. POLITICAL OPINION ................................................................................................................................................... 6
2.3.1. Claimant‟s Political Background ................................................................................................................................ 7
2.3.2. Characteristics of the Group ..................................................................................................................................... 7
2.3.3. Claimant‟s Involvement ............................................................................................................................................ 8
2.3.4. Persecution of the Group ......................................................................................................................................... 8
2.3.5. Claimant‟s Independent Activities ............................................................................................................................. 8
2.4. RELIGIOUS IDENTITY................................................................................................................................................. 9
2.4.1. Nature of the Religion .............................................................................................................................................. 9
2.4.2. Claimant‟s Participation in the Religion ..................................................................................................................... 9
2.4.3. Persecution on Account of Claimant‟s Religion ....................................................................................................... 10
2.5. MEMBERSHIP OF A PARTICULAR SOCIAL GROUP ................................................................................................ 11
2.5.1. Persecution of Claimant - Identifying the Persecutor ............................................................................................... 11
2.5.2. If the Claimant Themselves Identifies with a Group - Nature of the Group ................................................................ 12
3. EVENTS SURROUNDING THE RISK OF TORTURE, CIDTP OR PERSECUTION .............................................................. 13
3.1. ESTABLISHING WELL-FOUNDEDNESS OF THE FEAR OF RETURN ........................................................................... 14
3.2. Arrest............................................................................................................................................................................. 14
3.3. Detention ....................................................................................................................................................................... 15
3.4. Trial ............................................................................................................................................................................... 16
3.5. Injuries ........................................................................................................................................................................... 16
4. ABSENCE OF STATE PROTECTION/ IFA ......................................................................................................................... 17
5. DETAILS OF FLIGHT ......................................................................................................................................................... 18
5.1. Mode of Departure ......................................................................................................................................................... 18
5.2. Any First Country of Protection ....................................................................................................................................... 19
6. SITUATION IN COUNTRY OF ORIGIN SINCE ARRIVAL IN HONG KONG ......................................................................... 20
7. SUR PLACE CLAIMS ......................................................................................................................................................... 21
8. SUPPORTING DOCUMENTS ............................................................................................................................................ 22
Abbreviation
COO = Country of Origin (country of nationality or habitual residence)
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1. BACKGROUND INFORMATION
The following types of background information should be gathered which will help to establish the context of
the claimant‟s individual standing in the community, their risk profile, their support network, and
their ability to seek meaningful protection:
Full names, ethnic origin and occupation of family members, who are or were living in the country of origin
as well as information about family members living in other countries, especially if they are recognized
refugees or currently applying for protection.
Educational and work background of the claimant and family members. This will help you to establish a
picture of the claimant‟s social standing, and their ability to access meaningful protection within the
country.
Religion, ethnicity, tribe or membership in a minority group as well as tribal and regional cultures,
traditions and other key characteristics that link the claimant with a particular group of people legitimately
seeking protection.
Political affiliations of the claimant and/or family members.
Other relevant characteristics, such as the social, political, ethnic, educational and financial status of the
claimant and comparison between the claimant‟s characteristics and members of the claimant‟s
surrounding community (e.g. neighbours, family members, people from the same/different region and/or
tribe, people in authority).
Where were you born? Can you describe the area? (Rural, urban)
What were your parents doing for a living? What was their occupation?
Who was providing the income for the family?
Can you describe the environment in which you grew up? Rural/urban? Your family‟s financial position?
Have any of your family members ever been involved in politics/other relevant activities?
Until what age did you go to school? Where did you go to school? What is your highest level of
education? When did you complete your education?
Do you have any work experience? How did you support yourself? Please give details.
Where did you last live in your country of origin?
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2. REASONS FOR PERSECUTION
Where a claimant may have grounds for fear of persecution under the principles of the Refugee Convention,
the following questions should help you to establish the grounds of persecution of the claimant.
Review and consider the questions most appropriate to the claimant‟s claim. The claimant may be covered
by more than one ground of persecution.
What do you think will happen to you if you go back to your country?
Who do you think will do this to you?
Why do you think they will treat you in this way?
2.1. RACIAL AND ETHNIC IDENTITY
Obtain information in relation to the claimant‟s and his/her family members‟ tribe/clan identity, and all
sub-clan names.
Ask about traditions (weddings, food, funerals, family makeup, etc.), regions where they live, who their
leader is, how they differentiate themselves from other groups, their political makeup, history, status in
regional/national politics and power structure.
Elicit the claimant‟s observations of common treatment of members of the ethnic group.
It is important to thoroughly research the background of the claimant using objective sources. It is
possible that the claimant may believe that particular activities, including events of persecution are
cultural norms and are well known to everybody. This may lead the claimant to inadvertently withhold
relevant information.
2.1.1. Characteristics of the Group
What is the majority ethnic group in your COO?
What ethnic group do you belong to?
How do you differ from the majority ethnic group? How is your group distinguished from other
groups (characteristics)?
Do your parents both belong to this group?
If you are married or have a partner, did your spouse or partner belong to the same group?
How was it decided that you belonged to that group? How did you come to belong to that
group?
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Can you please describe the appearance, language, family, socio/economic group, etc. if
they are different to other groups in your COO?
What are cultural/ ideological/ linguistic characteristics of your ethnic group?
Does your ethnic group have any specific political affiliations? If so, can you describe these?
What are the religious beliefs of the ethnic group? Do you practice this religion? In what way
do you practice your religion?
What are the government‟s or other group‟s policies relating to the ethnic group?
What is your ethnic group‟s access to government services/ protection/ education/ medical
treatment or employment? Are there differences to other ethnic groups?
How does your ethnic group relate to the dominant ethnic group? Is this group different from
the group governing your country?
What are societal attitudes and media treatment of your ethnic group?
How is your ethnic group represented in politics or authorities?
How is your ethnic group organized? Traditional leaders? Elders? Political leaders? Can you
name these leaders?
2.1.2. Persecution of the Group
Was the group you belonged to specifically targeted? If yes, by whom? Why? And how?
If your group was targeted, did you have any individual/specific problems because of your
membership of this group?
Did you hold any position in the group or did you have any group-related activities?
If you held any position in the group or carried out activities, was there any indication that the
authorities have noticed this? What responsibilities did your position impose upon you?
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2.2. NATIONAL IDENTITY OR CITIZENSHIP
Nationality means more than citizenship in this context. As with all the five Refugee Convention
grounds, persecution may be based on the real or imputed nationality of the claimant.
The term nationality has a broad overlap with ethnicity and ethnic groups. Nationality may refer to the
nationality of the agent of persecution or that of the refugee, or the two may be the same.
A refugee may be persecuted on the grounds of being an unwanted citizen in a nation state, regardless of
the fact their citizenship or nationality is officially that of their persecutor. A refugee may also be a
stateless person.
The aim of questioning and research will be to discover how the agent of persecution perceives the
national identity of the claimant, both historically and presently.
A refugee must be outside the country of his/her nationality or, if stateless, outside his/her country of
habitual residence. Therefore the nationality of the claimant must be ascertained in every case. (A person
who has the rights and obligations which are attached to the possession of nationality of Hong Kong or
any country other than the country of his/her nationality, cannot be considered a refugee.)
2.3. POLITICAL OPINION
The political identity of the claimant is not limited to his/her beliefs or affiliation with a political
organization, but also includes any risks s/he may face from any political force in their country,
regardless of whether he/she engaged in political debate or action.
The claimant may or may not hold or express views that put him/her at risk from political forces.
Where the risk is associated with the claimant‟s views or actions, political opinion may be defined as „the
holding or expressing of views on any matter in which the machinery of the State, Government and policy
may be engaged.1
Your questions will be aimed at discovering how the political identity of the claimant came to the
attention of his/her persecutors or came to be imputed on the claimant.
Further, where the claimant does hold a particular political opinion, you should try to establish the context
of him/her holding that opinion – how and why s/he holds it. You will need to discover any political
activities of the claimant.
The questioning should explore how political policy (contrary to the claimant‟s view or imputed view) has
affected or may adversely affect the claimant to the extent of being persecutory.
1 Goodwin Gill 1996, The Refugee in International Law, pg 49
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2.3.1. Claimant’s Political Background
When did you first become interested in politics?
Why did you first become interested in politics?
If you carried out political activities was it independently or from within a group?
Have you ever belonged to any political grouping in your country of origin or elsewhere? If
yes, since when? What was your motivation to join this group?
2.3.2. Characteristics of the Group
(a) Political Party
Can you describe what type of organisation or group you are part of? Is this a political party?
If yes, does the government permit the existence of this party? Is it legal or illegal?
What is the history of the party (and/or the persecutory policy)?
What do you know about the creation, foundation, congresses, splits/divisions,
legality/illegality of the party (and/or policy)?
Describe the political program and/or relevant policy, its evolution and its effect on you?
Who are the principal leaders (past, present and future), and who are their possible
representatives abroad, especially in HK?
What is the political ideology of the party and its origin and evolution?
(b) Other Group
What are the aims, strategies, and structure of this group?
What are the main areas of operation?
What is the history of operation?
What is the history of this movement?
What groups were/are regarded as the group's enemies?
Who are the main known leaders?
What groups were/are regarded as the group's allies?
What is the estimated number of members/supporters?
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2.3.3. Claimant’s Involvement
If you entered into a political group, why did you want to join the party?
How did you become introduced to this group?
How did you enter this group? Was there any special admission procedure? Did you pay an
admission fee? If yes, how much?
Does the group/party issue membership cards? If yes, do you have one? If not, why not?
Did your interest translate into any specific actions or activities such as: demonstrations,
writing or distributing leaflets with a political content, organising meetings, mobilising
sympathisers? How frequently did you take part in these events, and what was your role?
Do you have friends/relatives in this group or other political group?
Did your opinion/beliefs change over time?
In which important actions did you participate? How? How often? Did you experience any
problems as a result of your participation – can you describe the problems?
Has national or international press covered any of these actions? Were you specifically
mentioned in any news reports? If so, do you still have copies of those reports or are you
able to obtain a copy?
If you were doing underground teaching/activities, can you describe the scope of your
underground activities, if any?
If you ceased to be a member, explain when and why? What were the consequences, if any?
2.3.4. Persecution of the Group
How stable is the present administration in your COO, and what is the opposition?
Did the authorities of your country have knowledge about your membership in the group and
your activities in the group?
If your group was targeted, did you have any individual/specific problems because of your
membership of this group?
Describe your relations with other political parties in your country of origin and abroad.
2.3.5. Claimant’s Independent Activities
If you carried out activities alone/independently, what did you do exactly?
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Who knew about it? Did the government of your country have any knowledge of your
activities?
2.4. RELIGIOUS IDENTITY
Religion encompasses all issues relating to freedom of thought, conscience, or belief, including identity,
way of life and non-belief.
Religion may be the cause of persecution for real or imputed beliefs.
The persecution may be by state sponsored or by non-state actors. It may be of sectarian nature or
perpetrated by members of the same religious affiliation.
If the claimant belongs to a persecuted religious group, determine the dynamics of the religion, the nature
and reasons for persecution, history of religion in the country of origin, and how his/her fundamental
beliefs put the claimant at risk.
2.4.1. Nature of the Religion
What are the fundamental beliefs of your religion?
What do you consider to be the identifying characteristics of your belief system or religion?
What is the history of your religion in your country?
Does your religion have 'houses of worship'? Can you describe the fundamental elements of
this 'house of worship'?
How is your religious group organised? How are the church/mosque/temple leaders chosen?
Can you name these leaders?
Does your religion dictate social or behavioural rules that are contrary to laws or customs of
your country? If yes, can you specify which rules?
Are there punishments for not conforming to these norms? If yes, please specify. Is there
punishment for conversion (apostasy)?
2.4.2. Claimant’s Participation in the Religion
What is your religion? Have you always followed that religion? If not, can you explain why
you chose to change your religion?
How did you practice your religion? (eg. Attending mosque, prayers, proselytizing).
When and how did you develop this belief system or join this religion? Do/did your parents
practice this same religion?
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If you are married or have a partner, did your spouse or partner practice the same religion?
How important is your religious identity or belief system to you? What about it is important to
you?
What was the degree of participation in your local religious groups? Were you an active or
passive participant?
If your religion was organised, did you hold any position or did you have activities in this
organisation?
If yes, was there any indication that the authorities or any other groups would have noticed
this?
If you hold a particular position within your religious group, what is your level of
responsibility?
How can other people identify your beliefs or affiliation with this religion?
Did you ever discuss/profess/preach/teach your religion in public?
If yes, was it known? By whom?
Please give details of how you currently practice your religion. If actively practicing, what
does this mean for you? Do you attend any church/mosque/‟house of worship‟ in HK?
If you converted, why did you convert? And how?
If you converted, what are the differences between your former religion and the religion you
profess at present?
If you converted who knows about it? The authorities of your country, religious leaders?
Other persons?
If you converted, do you believe your conversion puts you at risk? If so, why? What do you
believe would happen to you as a result of your conversion? Why do you think this?
2.4.3. Persecution on Account of Claimant’s Religion
Is there an official state religion in your country? If yes, are other religions allowed?
Are all members of your religion „persecuted‟ in your country? By whom?
Can you give an example of problems or persecution associated with your religion in your
country? When and how did it happen?
In what ways are you restricted from practicing or sharing your beliefs? (Teaching,
worshipping, proselytizing, dress code, etc.)
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Who is responsible for restricting your religious activities (government, other members of the
same belief system, members of dominant religion or other)?
If your group was targeted, did you have any individual/specific problems because of your
membership of this group?
Why do you believe that you in particular are at risk of serious harm on account of your
religion?
2.5. MEMBERSHIP OF A PARTICULAR SOCIAL GROUP
A Social Group cannot be defined solely by the persecution, and it is not necessary for the group to be
cohesive or even aware of its existence as a group. The characteristics that define membership may be
voluntary.
What matters is that: (i) the agent of persecution is motivated by his/her perception of the claimant as
being a member of the social group; and (ii) the claimant should not be required to hide or change
his/her real or perceived identity in order to escape persecution.
Language, physical characteristics, family, gender and occupation may all be relevant to determining the
claimant‟s social group.
The claimant may not him/herself recognize that s/he is part of a group. It is up to you to elicit whether
such a group could be said to exist, by finding out the nature of the persecution and nature and
characteristics of the victims of the persecution.
2.5.1. Persecution of Claimant - Identifying the Persecutor
Who is persecuting you?
How did these people find you or identify you?
Why do you think that person or group of people wants to persecute or harm you?
Who else is in danger from this person or group of people?
What harm do you think will be inflicted upon you by this group? Why do you think this will
happen to you? Has it happened to other people in the same situation? If so, please give
examples.
Why do you think you were targeted as opposed to other people around you?
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2.5.2. If the Claimant Themselves Identifies with a Group - Nature of the Group
Please describe the fundamental characteristics of the group? Can you describe what kind of
organisation or group it is? How was the group organised? Were there any leaders?
If it is organized, are there leaders? If so, can you name the leaders? Did you hold any
position or did you have any related activities?
If you were involved in any activities on the part of the group, was there any indication that
the authorities would have noticed these activities?
In which important actions did you participate? How?
Has national or international press covered any of these actions? If any local press covered
actions against the group or specifically against your activities, can you obtain copies of such
reports? If not, why not?
If you ceased to be a member (or a leader), explain when and why? What were the
consequences?
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3. EVENTS SURROUNDING THE RISK OF TORTURE, CIDTP OR
PERSECUTION
GENERAL POLITICAL OR SOCIAL EVENTS
Obtain background information in relation to general political or social events, which occurred in
surrounding areas, to neighbors or other people with similar characteristics before, during and after the
events, which caused the claimant to flee his/her country of origin. These facts establish the grounds for
the claimant‟s claim as well as underline his/her fear and reaffirm his/her credibility.
SUBJECTIVELY
Fear can exist because of past persecution, but it refers mainly to the anticipation or expectation of harm
to come. So you need to evaluate:
1) The claimant‟s personality since psychological reactions can be different from one person to another.
2) The claimant‟s personal and family background.
3) The claimant‟s personal experience.
4) The claimant‟s own interpretation of his/her situation.
ESTABLISHING THE WELL-FOUNDED FEAR
Elicit the claimant‟s own explanation of the reasons why s/he thinks s/he will be at risk of harm if
s/he returns.
Elicit the claimant‟s own explanation as to WHY s/he and/or members of his/her community or family
were persecuted. It is important to understand why the claimant believes his/her persecutors have
acted against him/her or the members in the community, tribe or region.
What happened to them in the past may show that fear of persecution is well founded. Where there has
been past persecution, torture, CIDTP, or other serious harm, obtain in detail a narrative of the events.
The greater the degree of detail (to the extent the claimant can recall them), the easier it is to establish
the story and reaffirm credibility.
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3.1. ESTABLISHING WELL-FOUNDEDNESS OF THE FEAR OF RETURN
What do you fear would happen to you should you be returned to your home country? (Death,
torture, detention, harassment, etc.)
Who do you fear? Who was/is likely to be responsible for the persecution you suffered or will suffer?
(Government, police, militias, other clan, tribe, group)
Have you, your family, or close friends or colleagues ever been tortured/harmed? If yes please give
details.
What happened to you (or others with a similar profile) before you left your COO?
o When did it happen? Where did it happen? Who did it?
o Can you describe the treatment to which you were subjected?
o How many times were you subjected to this? How often? Was it by the same person?
o Did the treatment happen as part of an interrogation? If yes, what were the questions asked?
Who asked them? How long did the interrogation last?
o Do you have any visible marks on your body as a result of the torture/mistreatment? If they
have disappeared, did anybody see these marks before? Who? When?
o Were there any witnesses?
o How did you respond? Why did you respond in this way?
o Were there any witnesses? Determine who witnessed the events and what their reactions
were. Obtain the claimant‟s opinions of possible reasons for their reactions.
o Did anybody try to protect you? If so what were their motives and what happened to them?
If there were no witnesses, why not?
o Do you know if it has happened to anyone else?
o Do you think it will happen to you (again) if you go back? Why or why not? Do you think
anything else will happen to you?
3.2. Arrest
Have you ever been arrested?
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Why were you arrested?
Who arrested you? The police? The military authorities? Any other authorities? Political groups?
Private individuals?
When they arrested you, did they take a picture of you? Did they take fingerprints? Which
finger/hand?
Do you have a report of the arrest? If not, why not?
Have you ever been interrogated? By whom? How many interrogated you? Can you describe the
physical setting of the interview room? Can you draw it? Were there any other persons present in
the room?
What questions were asked? How were they asked? How long did the interrogation last?
Were you charged? If so, with what? If not, how were you released?
3.3. Detention
If arrested, have you ever been detained? What was the reason for your detention?
For how long have you been detained?
During your detention time, did you keep a record of the time you spent in prison? Did you count the
number of days?
If multiple arrests/detention, document each separately: date of arrest, date and mode of release,
period of imprisonment, detaining authority, where? What was the charge? Place and conditions of
detention
How many people were detained in your cell? How many detainees in the ward/building/prison?
What were they detained for? Political offence? Common law?
Were you asked to stand/sit/squat when receiving an order or listening to the prison warden?
Were you interrogated/guarded by persons of the same sex? Were men and women detained in the
same place? Were they separated? How? How were you treated at any other time?
How were you treated during arrest/interrogation or detention? Please describe.
Did you have any specific problems in prison? What actions did you take to stop these problems?
Did your family and friends know where you were detained? If yes, were they allowed to visit you?
Did you receive any visits other than your family and friends such as: lawyer, members of your
former group, religious groups, non-governmental organisations, and international organisations?
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Did the International Committee of the Red Cross visit and register you? Did another NGO or
anyone else whom you did not know visit you? What did they say and what did they do?
Can you describe a typical day in prison? E.g. time of meals, working time, sleeping time,
recreation?
Can you draw a map/layout of your cell/prison? Where was the location of the prison?
How many storeys was the building in which you were kept? At which level were you detained?
Can you please draw a picture of what you could see when inside the cell? How was the door? How
big? What material was it made of? Were there any windows? Can you draw them?
Were you allowed to send or receive mail?
Do you have any documents from the time of your arrest/detention? Can you get any?
How did you get out of detention?
3.4. Trial
Was there a trial? If yes, please give details: when? Where? Did you have legal representation? If
yes, what was the name of your lawyer? Names of judge and prosecutor? Was there any sentence
passed? Can you draw the layout of the tribunal that day? Where were you sitting?
How did you get out of detention? Under what circumstances (e.g. release or escape)?
Did you have to sign any “bond” or legal document to be released?
Did you benefit from a reduction of the term? If yes, how did it happen? How much reduction?
How much time has lapsed between when you got out of detention and the time of departure from
your country?
Do you have any release certificates? If not, why?
After your release did you have to report to the authorities? How often?
Do you have any consequences of your stay in detention? E.g. Injuries (ask the claimant to draw on
a piece of paper) psychosocial issues (be aware of symptoms and signs).
3.5. Injuries
Do you still or did you ever experience medical problems as a result of torture/mistreatment? Can
you describe them?
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If yes, have you ever received medical treatment?
What is the name of the person who provided medical treatment? Where was it provided? For how
long?
What treatment were you provided? Name of the drug? For how long did you use it?
Did the medical personnel in question make a formal diagnosis of torture or mistreatment? Did they
report to anyone about this? Do you have any documents relating to your medical treatment? Can
you get any?
4. ABSENCE OF STATE PROTECTION/ IFA
Did you approach the authorities of your country for protection and assistance? If no, why?
If yes, what did you do? How? Specify dates, kind of steps taken and places and authorities. Has
there been any police or judicial action? What was the result?
Did you report your fears of mistreatment to any authorities in your country? If yes, when and to
whom did you report it? Did the authorities take any action?
Have you ever moved to a different town or village or to another part of your country to avoid
persecution, torture or mistreatment? If yes, where did you move? When did you move? How long
did you stay there? Were you in hiding? How did you evade those people pursuing you? If no, why
not?
Do you think the authorities in your home country can and will protect you if you return? Why/why
not?
Is there anywhere else you can go to in your country, where you will be safe? Why not? Why do you
think those whom you fear will be able to track you down wherever you go? How do you think they
will do this?
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5. DETAILS OF FLIGHT
Try to elicit details of the flight, including information regarding periods of travel and rest in other countries,
and particularly whether or not the claimant claimed protection in another country.
Planning the Flight
Gather information in relation to the claimant‟s period of planning his/her flight. This information reveals
the claimant‟s reasons and intentions for leaving his/her country of origin. It also reveals the claimant‟s
state of fear, emergency, urgency, etc. in having to decide to leave the COO.
If the claimant went to/stopped at another country before Hong Kong, it will be relevant to ask them if they
sought protection in that country, and why not? A failure to seek protection at that time is not determinative,
and there is no obligation to do so, but it may be considered in assessing whether the claimant genuinely
had a fear upon leaving his/her country.
Documentation
If available, obtain copies of all documents needed and/or used to leave the COO or enter into countries of
transit and destination. Relevant documents include identity documents, flight or bus tickets, visa
applications etc. If these documents are not available, the claimant should explain their absence.
5.1. Mode of Departure
When did you leave your country? (Month, year) Did you spend time in other parts of your country
before leaving? (Where, Why, How long?) Describe the flight and how you were able to survive?
(Working, in hiding)
How did you leave your country?
Did you leave your country of origin legally or illegally? How did you physically leave your country?
Did you pass through Customs/Immigration?
What mode of transportation did you use? How did you access and pay for it?
Did you have to bribe anybody? Who? How much did you pay and where/how was the money
obtained?
Did you use a passport to cross the border? If yes, was it a genuine or a fake passport?
Did you have any difficult when you left the country? [If you think that the State is pursuing you, why
do you think they didn‟t try to stop you leaving the country?]
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If you are in possession of a genuine passport, how and when have you obtained it? Is it still valid?
Which authority issued it? Did this authority know about your background? Does it contain all your
true information? How/when did you procure the necessary visas?
If you are in possession of a fake passport, how and when have you obtained it? How much did you
pay for it? Does it carry your real name?
Did anyone help you escape? Who? Give details.
Did you pay a broker/agent for your travel? If yes, who? How much?
What was your intended destination? Why?
5.2. Any First Country of Protection
What was your first country of protection?
When you came out of your COO, to which country did you intend to go? What was your reason for
going there?
Obtain information on why the claimant went to that particular country, how they entered the country,
and how they first made contacts, and any other relevant details.
Did you stay longer than the time strictly necessary for mere transit? Why? How long?
Obtain details on how they survived while in that country, what type of activities or work they did,
what the duration of stay was, and so on.
When you arrived in your first country of protection, did you approach UNHCR office/local authorities
for protection? If not, why not?
Did you have the possibility to lodge an application for protection? If yes, get details of the
application. If no, get explicit details of why he/she did not apply.
Did you cross any other countries, towns? How long were you there and why? Were you safe? What
did you do? Why did you leave? How did you survive? Why did you decide to come from another
country to the present country?
Why did you choose to leave the first country of protection? How did you leave? Where did you go to
next?
Are you willing to return to your country of first protection?
Is it possible for you to return to your country of first protection?
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6. EVENTS SUBSEQUENT TO DEPARTURE
Is there any recent evidence related to either the situation in the claimant‟s COO, or the claimant‟s situation
in HK, to suggest an ongoing risk for the claimant if he/she were to return to COO? Eg. Family members
being approached by people looking for the claimant; similarly situated persons being
persecuted/mistreated?
Gather information in relation to any direct or indirect contact the claimant has had with his/her COO. You
should be aware that this contact might have been made with great difficulty so as not to make persons
remaining behind additionally vulnerable.
Obtain information in relation to any activities that the claimant continued in HK that may have placed
him/her at risk.
Have you made any contact with persons in your COO? When was the last time you spoke with these
people? Have they heard any news from your persecutors that have persisted after you left the country?
Are you aware of any indications that your persecutors/[agents of harm] are still looking for you?
Are you aware of any news about treatment of any of your family members/friends/associates which
might suggest that you would still be of interest to your persecutors/[agents of harm] if you now
returned?
[Eg. For active political activists] Have you engaged in any activities in Hong Kong which might heighten
your risk if you are now sent back to your COO?
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7. SUR PLACE CLAIMS
The claimant may also have a sur place claim.
This means that he/she did not leave his/her COO as a refugee, but has developed a fear to return since
that time. This may be due to changes of circumstances in the COO, or due to his/her social, political or
religious activities outside the COO.
It is important to establish that any recent activities by the Claimant were not self-serving, and that the
activities have or are likely to come to the attention of the authorities of the country of origin in the event of
return. However, the voluntary or self-serving aspects of the claim are only relevant for credibility, and a
sur place claim should only be evaluated in the same way as any other claim, based on the likelihood of the
feared harm occurring, the severity of the harm, and whether it is related to a Convention ground.
Describe your fears of returning to your COO?
When were you first aware of these fears and how long have you held them?
Are you aware of other people in a similar situation who have returned and suffered the things you fear?
Is there anything you could do to protect yourself, should you return?
Are you in contact with persons facing the same risk still living in your COO?
Have you been to your Embassy or have had contact with your government? Have you obtained or
renewed your passport or visa at your Embassy or Consulate?
How or when did/will your changed circumstances come to the attention of the government/other agents
of persecution in your COO?
Have you been involved in any actions or activities in HK? Where/when/with whom? For how long?
Have you participated in any group? Have you been a member of a group?
Have you had associations with recognized refugees, or others, expressing political views in HK?
For what purpose did you undertake these activities?
Have these actions/activities come to the attention of authorities of your country? How? When? Who
transmitted the information/ for what purpose?
How are the authorities of you country likely to react/view these activities?
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8. SUPPORTING DOCUMENTS
Claimant‟s supporting documents are essential in providing proof of his or her identity and establishing the
burden of proof in a protection claim.
Always make a copy of all documents to keep in the claimant‟s file. Below are some examples of
supporting documents – where applicable, ask the claimant if they have these available.
Social Security Card, National Identity Card, Birth Certificate, Drivers License, Marriage Certificate,
University identification, Passport
Government records, police reports etc.
Property deeds
Indictments letters/ court records, Prison records
School Diplomas
Newspaper, journal articles, Webpage
Medical Records
Photographs
Letters
