Freed Hong Kong activists face 'punishment with no end date'

Kris, a protester in Hong Kong's 2019 anti-extradition movement, faces uncertain consequences from their criminal record that could last indefinitely. As a participant in a riot over a bill allowing criminal suspects to be handed over to non-extradition countries, Kris was charged and spent nearly three years in prison. Upon release, they sought to rebuild their life but have struggled to return to a normal existence, stating they have prepared for the worst regarding future opportunities.

The Hong Kong government passed the National Security Law after the protests, leading to stricter rules for professionals with criminal convictions. Many professions require "fit and proper" standards, which can include criminal history. While Kris is applying for a student visa in Australia, they face difficulties due to their record, which may lead to a denial of their application.

The Australian government considers applicants with a "substantial criminal record" as failing the character test, and the processing times for such cases can be lengthy. Kris's case, like many others, is subject to the Visa Applicant Character Consideration Unit's assessment, which is currently backed up with numerous pending applications.

The Hong Kong government maintains that the arrests and convictions are a matter of upholding the law and holding law-breakers accountable, rejecting international criticisms. Australia, however, remains concerned about the erosion of rights and freedoms in Hong Kong and has raised those concerns publicly. Despite this, the Hong Kong pathway to the Skilled Independent visa (subclass 189) remains available, granting 1,804 visas to eligible Hong Kong applicants between 2022 and August 2026.