Jay* seems much younger than a student in his 20s. He’s softly spoken and talks often about missing his family.
"My mum and I have never cried like we did that day I left," he tells SBS News.
He arrives for the interview dressed all in black, much like the unofficial uniform of the Hong Kong protest movement. He’s been laying low in Australia and is scared of being identified.
The past 12 months have changed Jay’s life forever.
He was a regular participant on the front lines of pro-democracy protests in Hong Kong, which first began with huge rallies last June and descended into increasingly violent clashes with riot police.
A protester in Hong Kong in June last year. Source: Getty Images
He says he was inspired to protest because he has always appreciated the freedoms unique to Hong Kong and did not want them to be taken away.
“I wanted to do what I could to protect the Hong Kong that I grew up knowing,” he says.
To him, the right to have his say is crucial.
“Of the five demands [protesters have been calling for], for me, the most important is that we be afforded universal suffrage [to choose Hong Kong's chief executive].”
Jay, who has since been charged with rioting - which carries a maximum of 10 years in prison - says he has no regrets in relation to his actions.
“No, definitely not. I don’t think we were having a riot in Hong Kong. Protesters are fighting against the CCP [Communist Party of China] and totalitarianism.”
Jay fled to Australia before the coronavirus travel ban came in and is now waiting to hear if he will be granted a protection visa.
"It was a very urgent decision [to leave Hong Kong]. I told my parents I was leaving just 10 hours before my flight was due to take off," he says.
Since fleeing, police have been to his house to look for him.
Jay says he felt he had no choice but to leave because he has no confidence he would be treated fairly by the Hong Kong judicial system.
"I don’t think I would get a fair trial in Hong Kong because I believe it is no longer one country, two systems. I think the legal system has been destroyed by the [Hong Kong] government and the Chinese Communist Party."
Jay is not the only protester from Hong Kong seeking protection in Australia but he’s the first to be speaking to Australian media.
Hong Kong police officers amid protests in June last year. Source: Getty Images
Publicly available data from the Department of Home Affairs shows at least 62 people from Hong Kong have applied for onshore protection visas in the six months from November last year to April. But the actual number of applicants from Hong Kong in that period is likely to be higher due to the incomplete nature of the data.
A group of supporters of the Hong Kong pro-democracy movement who have rallied together to help those who have fled to Australia told SBS News that they are aware of at least 12 Hong Kong protesters who lodged asylum claims in Australia before the travel ban began.
Australian government data indicates from July 2015 to March 2020, no one born in Hong Kong has obtained permanent resettlement in Australia through a Subclass 866 Protection Visa.
Hundreds of other Hong Kong protesters have fled to Taiwan and dozens have gone to Canada. Self-governing Taiwan has said the island will try to accommodate those who want to escape but it has no asylum laws, leaving them in legal limbo. Canada has become a world leader in refugee resettlement in recent years.
A history of seeking asylum
The idea of those from Hong Kong seeking asylum is a relatively new phenomenon. For decades it was a place people fled to, rather than from.
That has begun to change in recent years. Fearing persecution, Hong Kong bookseller fled to Taiwan in April 2019 to avoid being extradited to mainland China under the proposed government bill which has now been withdrawn.
Last year, Germany granted asylum to two independence activists wanted for their involvement in a violent protest in 2016. It was the first time a western government ruled that Hong Kong dissidents were fleeing persecution in a move which angered Beijing.
A total of 8,981 people have been arrested in Hong Kong, and about 1,700 prosecuted between 9 June 2019 and 29 May this year in connection with the pro-democracy protests. Most arrested demonstrators are facing charges of unlawful assembly, rioting and possession of offensive weapons.
A protester throws back tear gas fired by riot police during protests in August last year. Source: Getty Images
Principal director for the Refugee Advice and Casework Service (RACS) Sarah Dale says Australia has a very rigorous process when it comes to assessing people’s protection needs.
“It is a case by case assessment and will depend on the circumstances of the applicant,” she said.
“Our domestic law is based on the [1951] Refugee Convention, which says you need to be able to demonstrate that you have a future risk of persecution based on your race, your religion, your nationality, because you belong to a particular social group or based on a political opinion or an imputed political opinion that might lend to you being persecuted.
“It would be arguable that people escaping politically motivated repercussions because of a political opinion held would have strong grounds to seek asylum in a country like Australia.
Ms Dale said applications for onshore protection can sometimes take in excess of three years for an answer.
“The Department [of Home Affairs] has an incredibly long process to assess a person's claim.
“There are security and character assessments which need to be done as well.”
Richard Wong, a registered migration agent originally from Hong Kong said the threshold to obtaining a protection visa is high.
Protesters face off with police during a rally last year. Source: AFP/Getty Images
“The key thing is what solid evidence the applicant can provide to show that they will suffer significant harm if they return to their country of origin,” he said.
The Department of Home Affairs told SBS News: “Every request for humanitarian assistance is considered on a case-by-case basis”.
Antony Dapiran, a lawyer and author of books about the Hong Kong protests, says the prosecution process there has become increasingly politicised and the rioting charge is particularly concerning.
Hong Kong law defines rioting as the unlawful assembly of three or more people, where any person “commits a breach of the peace”.
"Certainly, there were protesters who engaged in unacceptable levels of criminal conduct which should be prosecuted under the law, but there are better and proper charges to use, such as charges of assaulting a police officer, criminal damage, arson - all of which could be applied to those more violent actions," Mr Dapiran said.
"But when you rely upon this very vague rioting charge, which often carries higher penalties than more ordinary criminal charges, the results are very concerning.
"Just by changing the political context, changing the criminal consequences of the very same act or action seems to be incredibly unfair and quite tragic for many of these young protesters."
Given a helping hand
Jay says going it alone in Australia wasn't an easy decision but he felt it was the only way he could have a chance at salvaging his future.
"I miss my family very much,” he says. "I still remember the day I left Hong Kong, taking the bus to the airport, I cried and told myself this may be the last time I will see this beautiful place."
He is currently on a bridging visa while he waits for the result of his asylum claim, and says he did not want to burden his family financially. He has found some casual work to help make ends meet.
He has also been assisted by members of the Hong Kong community in Australia, who have helped to connect him with legal services, find accommodation and even fundraised legal fees for his protection visa application.
Jay* misses his family in Hong Kong. Source: SBS News
Jason*, a member of the Australian Hong Kong community, said: "A lot of people who migrated from Hong Kong still have a strong tie to the place, we still have loved ones over there and we have been closely watching the oppressive crackdown on the fundamental freedoms and human rights".
"We would want to chip in to do something for these young people, a lot of them have been prosecuted for exercising their rights in a very reasonable manner."
Jay is hopeful he can stay in Australia and resume his studies one day, describing the country as a "real democracy" with "real freedoms" and one he hopes to make a meaningful contribution to.
"I think citizens here are not tortured by the government like in Hong Kong," he says.
“Australia is a nice place, people are respectful, and most importantly, this is a democracy.”
Post-pandemic exodus expected
On the first anniversary of the pro-democracy protests beginning last week, Hong Kong Chief Executive Carrie Lam called for stability.
"Everyone has to learn their lesson, including the Hong Kong government," she said.
"Hong Kong cannot bear that kind of chaos, and the people of Hong Kong want a stable and peaceful environment to be able to live and work here happily."
But once the COVID-19 travel bans are lifted, Beijing's recent plans to impose a sweeping national security law on Hong Kong in response to the protests are expected to trigger more protesters to seek refuge in countries such as Australia.
The law was approved by Beijing's parliament as necessary to tackle "terrorism" and "separatism". But opponents fear it will lead to political oppression in the financial hub, eroding freedoms and autonomy supposedly guaranteed in the 1997 handover from Britain to China.
Protesters standoff with police during a rally in August. Source: Getty Images
In response, Britain announced it would offer millions of people in Hong Kong visas and a possible pathway to UK citizenship if China persists with the legislation. UK Foreign Secretary Dominic Raab has asked Australia and other intelligence allies to share the “burden” of any mass migrations.
But Britain's offer is only available to those born before the former colony's 1997 handover, which means younger residents of the city must risk the asylum process instead.
"There is certainly heightened anxiety among the activist community in Hong Kong. People are wondering what kind of new charges this new law will have," said lawyer and author Mr Dapiran.
"It is going to introduce a whole new range of criminal offences, making behaviour that was previously not a criminal offence in Hong Kong now a criminal offence.”
Community member Jason believes once international borders re-open, there will be more people from Hong Kong seeking refuge in Australia.
"Even now, while the world is fighting a pandemic, we see Hong Kong authorities cracking down on pro-democracy figures and activists and then the Chinese government imposing the national security law on Hong Kong.
"The writing is on the wall that there will be a wave of exiles who will seek out countries with liberal democracy, hoping for a safe haven."
*Names have been changed
