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Recognition of Refugee Status

MacauHumanitarian protection

Explore the five recorded questions, answers and sources for this pathway.

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What exactly is this: asylum, temporary protection, humanitarian admission, resettlement or another protection mechanism?

This is asylum-type recognition of refugee status in the Macao SAR (RAEM) under Law No. 1/2004, which sets the regime for recognition and loss of refugee status to apply the 1951 Refugee Convention and the 1967 Protocol in Macao.

See recorded sources
Limits of the record
  • Capture is Lei n.º 1/2004 as originally published in Boletim Oficial N.º 8 of 23-2-2004 (in force 30 days after publication); no consolidated/current text was captured, so later amendments are not verified.
  • https://images.bo.dsaj.gov.mo/bo/i/2004/08/lei-1-2004.pdf
    A presente lei estabelece o regime relativo ao reconhecimento e à perda do estatuto de refugiado, para efeitos da aplicação na Região Administrativa Especial de Macau (RAEM) da Convenção relativa ao Estatuto dos Refugiados, assinada em 28 de Julho de 1951, e do Protocolo relativo ao Estatuto dos Refugiados, adoptado em 31 de Janeiro de 1967, adiante designados por Convenção e Protocolo.
  • https://images.bo.dsaj.gov.mo/bo/i/2004/08/lei-1-2004.pdf
    Lei n.º 1/2004 Regime de reconhecimento e perda do estatuto de refugiado

Which population, circumstances or geographic group does the mechanism cover?

Covers persons who request recognition of refugee status in the RAEM and who are refugees under the Convention and Protocol, or who are under the UNHCR (ACNUR) mandate under articles 6 and 7 of its Statute. Dependent family members (spouse and minor children) are granted refugee status, except where any situation in article 14 applies to them. A request is inadmissible where it is absolutely manifest that the person committed acts in section F of article 1 of the Convention, is barred from entering the People's Republic of China by a UN Security Council decision, already benefits from protection or assistance of a UN body other than UNHCR, already has refugee status, or clearly meets no Convention criterion.

See recorded sources
Limits of the record
  • Capture is Lei n.º 1/2004 as originally published in Boletim Oficial N.º 8 of 23-2-2004 (in force 30 days after publication); no consolidated/current text was captured, so later amendments are not verified.

Where can protection be requested, and is this a direct application, border/in-country request, referral or other process?

Direct application in the RAEM (at the border on entry or in-country): the request is made on entry into the RAEM or, if the grounds arise after entry, as soon as the person becomes aware of them (later filing is possible if there are valid reasons). It is made on the official form annexed to the law and handed to the Migration Service (Serviço de Migração) of the Public Security Police Force; an incorrectly filled form or not using it does not by itself cause rejection. The Chief Executive decides admissibility within 48 hours on a proposal of the Refugee Commission; during that period a person at the border is not admitted and waits in the transit zone of the migration post.

See recorded sources
Limits of the record
  • Capture is Lei n.º 1/2004 as originally published in Boletim Oficial N.º 8 of 23-2-2004 (in force 30 days after publication); no consolidated/current text was captured, so later amendments are not verified.
  • The annexed form model is referenced but its pages were not extracted as text in the capture.

What happens after the request: registration, family handling, major support and rights where officially stated?

On filing, the applicant hands travel and identity documents to the Migration Service (they are retained) and receives a duplicate of the request, which proves applicant status and is a provisional identification document. The applicant is informed of the right to contact UNHCR and must keep the Migration Service informed of their address and report on the days, times and place fixed. An interpreter is appointed if needed. Filing suspends administrative or criminal proceedings for entry into the RAEM against the applicant or dependent family members. If admissible, the first interview takes place within 5 days of filing; the investigation lasts 30 days, extendable up to a maximum of one year; the Refugee Commission then has 10 days to propose a decision and the Chief Executive decides. A refusal can be appealed to the Tribunal de Segunda Instância within 15 days of notification, with suspensive effect. Spouse and minor children are granted refugee status (unless article 14 applies). Until the final decision the RAEM ensures conditions of human dignity; the Instituto de Acção Social (IAS) assists applicants in economic and social need and gives special attention to vulnerable applicants. The procedures are free of charge.

See recorded sources
Limits of the record
  • Capture is Lei n.º 1/2004 as originally published in Boletim Oficial N.º 8 of 23-2-2004 (in force 30 days after publication); no consolidated/current text was captured, so later amendments are not verified.
  • Social support ends with the final decision on the request regardless of appeal, unless the applicant's economic and social situation justifies keeping it (art. 35).

Which competent authority, UN body or official assistance channel should the person use?

The request is lodged with the Migration Service (Serviço de Migração) of the Public Security Police Force; the Refugee Commission (Comissão para os Refugiados) directs the case and the Chief Executive decides. UNHCR (ACNUR) may freely contact the applicant, give any kind of support including legal advice at all stages, and attend interviews; the applicant is told on filing that they may contact UNHCR. The Instituto de Acção Social (IAS) provides social assistance. The procedure is free of charge.

See recorded sources
Limits of the record
  • Capture is Lei n.º 1/2004 as originally published in Boletim Oficial N.º 8 of 23-2-2004 (in force 30 days after publication); no consolidated/current text was captured, so later amendments are not verified.
  • No contact details (address, phone) of the Migration Service or UNHCR and no official fraud/scam warning are in the captured source.

These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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