Asylum and refugee status in Macao

A person can be recognised as a refugee in Macao if they meet the definition of the Refugee Convention and Protocol or fall under UNHCR's mandate. The claim must be lodged at the moment of entry into Macao or, if the facts behind it arise later, as soon as the person becomes aware of them; a later claim is still possible for valid reasons. It is made on the official form at the Migration Service of the Public Security Police Force. An incorrectly filled form, or a claim made without it, is not rejected for that reason alone.

The applicant receives a duplicate of the claim, which proves their status as an applicant and serves as a provisional identity document. Travel and identity documents are handed over and kept with the file.

The Refugee Commission has a president, who is a judge or public prosecutor, and four members: two from the security area (one from the Migration Service), one jurist and one from the Social Welfare Bureau. A claim can be declared inadmissible within 48 hours, on the Commission's proposal, in clearly defined cases such as an evidently unfounded or fraudulent claim, or a person already recognised as a refugee or assisted by a UN agency other than UNHCR; that decision can be appealed to the Court of Second Instance within 15 days, without suspensive effect.

For admissible claims the first interview takes place within five days of the application, led by the Commission's president; UNHCR and the applicant's representative may attend and ask questions. The investigation lasts 30 days and can be extended in 30-day steps up to one year. The Commission then has 10 days to draft a reasoned proposal, and the Chief Executive decides.

A recognised refugee may remain in Macao while holding the status. The Identification Services Bureau issues a refugee identity card, valid for two years under Administrative Regulation No. 9/2010, and a Macao travel document, against surrender of the national passport. The spouse and minor children are granted refugee status as dependants unless an exclusion applies, and each is then treated independently. Status can be lost for reasons including renunciation, false grounds, a final conviction for an intentional crime punishable by three years or more, or settling abroad.

When the claim is made, the applicant is told about their rights and duties, including the possibility of contacting UNHCR, the need to keep the Migration Service informed of their address and to report when called. An interpreter is appointed if the applicant does not master Chinese or Portuguese, and the applicant enjoys legal protection under the general rules. UNHCR may contact applicants freely, give legal advice at every stage and take part in interviews.

Administrative or criminal proceedings started because of the applicant's entry into Macao are suspended and are dropped if refugee status is granted. Macao guarantees conditions of human dignity until the final decision, and applicants in economic and social need receive support from the Social Welfare Bureau, with special care for unaccompanied minors and victims of torture, rape or other abuse.

If the Chief Executive refuses refugee status, the notification states how to appeal and warns that, without an appeal, the applicant must leave Macao voluntarily within the same period or face expulsion. The appeal goes to the Court of Second Instance within 15 days of notification and has suspensive effect.