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Filing USM claims in immigration detention

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Dear Immigration Department,

I am writing to make an information request regarding immigration detainees who file USM claims within detention. May I know,

1) How does a person in immigration detention file a USM claim?

2) Are detainees released on recognisance after filing a USM claim? If so, what are the relevant criteria considered?

3) If a copy of the relevant procedures / guidelines could be provided, it would be greatly appreciated.

Thank you very much for your help on this matter.

Yours faithfully,

H. Y. Fung

Immigration Department

Our ref. : IL/00333971/22, L/M (86) in ImmD RALS1/6-20/3/C

 

Dear H. Y. Fung,

 

We refer to your application for access to information of 10 June 2022
relating to filing USM claims in immigration detention.

 

Your application is now under processing.  Our Department would revert to
you on or before 30 June 2022 according to paragraph 1.16 of the Code on
Access to Information.

 

 

Best Regards,

 

(WONG Chun-kit)

for Director of Immigration

To learn more about the application requirements and procedures of the
most frequently used services provided by the Hong Kong Immigration
Department, you are welcome to visit the Easy Access Playlist at Hong Kong
Immigration Department [1]YouTube Channel. The concerned video clips have
Cantonese voice-over supplemented by Chinese or English subtitles.

show quoted sections

Immigration Department

Our ref.: L/M (86) in ImmD RALS1/6-20/3/C & IL/00333971/22

 

Dear H. Y. Fung,

 

We refer to your application for access to information of 10 June 2022
relating to filing USM claims in immigration detention.  Further to our
interim reply on 17 June 2022, please find our substantive reply below.

 

The Unified Screening Mechanism (USM) commenced its operation on 3 March
2014 for determining claims for non-refoulement protection against
expulsion, return or surrender from Hong Kong to another country on all
applicable grounds.  For persons subject or liable to removal or
deportation (or whose surrender is requested in surrender proceedings)
from Hong Kong who claim for non-refoulement protection on any applicable
grounds as set out in the “Notice to Persons Making a Non-refoulement
Claim” (Notice), they may lodge non-refoulement claims with the
Immigration Department (ImmD).

 

As stipulated in section 37X of the Immigration Ordinance (Cap. 115), a
person who claims non-refoulement protection in Hong Kong must signify to
an immigration officer in writing his/her intention to seek
non-refoulement protection.  The written signification must give a general
indication of the person’s reasons for claiming non-refoulement protection
in Hong Kong, which may include reasons that relate to an act falling
within the meaning of any applicable grounds.  A person will be requested
to allow an immigration officer or immigration assistant to take his/her
fingerprints and photographs.  Once a non-refoulement claim is made, the
claim will be screened on all applicable grounds.

 

For details on screening process under the USM, you may wish to refer to
the Notice available on ImmD’s webpage –

[1]https://www.immd.gov.hk/pdf/notice_non-r...

 

According to the prevailing detention policy, detention must be justified
with sufficient reasons and for a period which is reasonable in all
circumstances.  Reasonable alternatives will be considered before
detention is authorized.  No one shall be subject to arbitrary detention. 

 

ImmD has all along strictly followed the established detention policy, and
in accordance with the relevant legal requirements and legal principles
established by the Court.  In determining whether a person should be
released or detained, ImmD will take into consideration the facts and
circumstances of the case, including whether the person concerned has
committed a serious crime; whether the person is likely to pose a threat
or security risk to the community if not being detained; and whether there
is any risk of the person absconding and/or (re)offending, etc.  ImmD will
conduct regular and timely review of each detention case in accordance
with the prevailing mechanisms to determine whether an individual should
be further detained, and will notify the person concerned in writing of
the results of the review with justifications, and conduct an interview
with the person concerned to explain the relevant situation.  For details
of the detention policy and other information, please refer to the
following website:

[2]https://www.immd.gov.hk/eng/useful_infor...

 

It should also be noted that the detention of a person pending removal
from Hong Kong or pending final determination of his/her non-refoulement
claim shall not be unlawful by reason of the period of the detention if
that period is reasonable having regard to all the circumstances that
justify its length, including circumstances stipulated in section 32(4A)
or section 37ZK(2) of the Immigration Ordinance (Cap. 115).

 

We hope you would find the above information useful.

 

 

Best Regards,

(WONG Chun-kit)

for Director of Immigration

To learn more about the application requirements and procedures of the
most frequently used services provided by the Hong Kong Immigration
Department, you are welcome to visit the Easy Access Playlist at Hong Kong
Immigration Department [3]YouTube Channel. The concerned video clips have
Cantonese voice-over supplemented by Chinese or English subtitles.

show quoted sections

Immigration Department

Our ref.: L/M (86) in ImmD RALS1/6-20/3/C

 

Dear H. Y. Fung,

 

We refer to your application for access to information of 10 June 2022
relating to filing USM claims in immigration detention.  Further to our
interim reply on 17 June 2022, please find our substantive reply below.

 

The Unified Screening Mechanism (USM) commenced its operation on 3 March
2014 for determining claims for non-refoulement protection against
expulsion, return or surrender from Hong Kong to another country on all
applicable grounds.  For persons subject or liable to removal or
deportation (or whose surrender is requested in surrender proceedings)
from Hong Kong who claim for non-refoulement protection on any applicable
grounds as set out in the “Notice to Persons Making a Non-refoulement
Claim” (Notice), they may lodge non-refoulement claims with the
Immigration Department (ImmD).

 

As stipulated in section 37X of the Immigration Ordinance (Cap. 115), a
person who claims non-refoulement protection in Hong Kong must signify to
an immigration officer in writing his/her intention to seek
non-refoulement protection.  The written signification must give a general
indication of the person’s reasons for claiming non-refoulement protection
in Hong Kong, which may include reasons that relate to an act falling
within the meaning of any applicable grounds.  A person will be requested
to allow an immigration officer or immigration assistant to take his/her
fingerprints and photographs.  Once a non-refoulement claim is made, the
claim will be screened on all applicable grounds.

 

For details on screening process under the USM, you may wish to refer to
the Notice available on ImmD’s webpage –

[1]https://www.immd.gov.hk/pdf/notice_non-r...

 

According to the prevailing detention policy, detention must be justified
with sufficient reasons and for a period which is reasonable in all
circumstances.  Reasonable alternatives will be considered before
detention is authorized.  No one shall be subject to arbitrary detention. 

 

ImmD has all along strictly followed the established detention policy, and
in accordance with the relevant legal requirements and legal principles
established by the Court.  In determining whether a person should be
released or detained, ImmD will take into consideration the facts and
circumstances of the case, including whether the person concerned has
committed a serious crime; whether the person is likely to pose a threat
or security risk to the community if not being detained; and whether there
is any risk of the person absconding and/or (re)offending, etc.  ImmD will
conduct regular and timely review of each detention case in accordance
with the prevailing mechanisms to determine whether an individual should
be further detained, and will notify the person concerned in writing of
the results of the review with justifications, and conduct an interview
with the person concerned to explain the relevant situation.  For details
of the detention policy and other information, please refer to the
following website:

[2]https://www.immd.gov.hk/eng/useful_infor...

 

It should also be noted that the detention of a person pending removal
from Hong Kong or pending final determination of his/her non-refoulement
claim shall not be unlawful by reason of the period of the detention if
that period is reasonable having regard to all the circumstances that
justify its length, including circumstances stipulated in section 32(4A)
or section 37ZK(2) of the Immigration Ordinance (Cap. 115).

 

We hope you would find the above information useful.

 

 

Best Regards,

(WONG Chun-kit)

for Director of Immigration

To learn more about the application requirements and procedures of the
most frequently used services provided by the Hong Kong Immigration
Department, you are welcome to visit the Easy Access Playlist at Hong Kong
Immigration Department [3]YouTube Channel. The concerned video clips have
Cantonese voice-over supplemented by Chinese or English subtitles.

show quoted sections

References

Visible links
1. https://www.immd.gov.hk/pdf/notice_non-r...
2. https://www.immd.gov.hk/eng/useful_infor...
3. https://www.youtube.com/playlist?list=PL...

We don't know whether the most recent response to this request contains information or not – if you are H. Y. Fung please sign in and let everyone know.