Dear Security Bureau,

I would like to request information regarding the number of individuals who have made non-refoulement claims 'NRC's) in Hong Kong as within the Unified Screening Mechanism ('USM'), and are at each relevant procedural stages within the process; as follows:-

1. The no. of individuals who have made valid NRC's but have not yet had a screening interview with the immigration department;

2. The number of those Claimants who have received a USM screening interview with the Immigration Department but have not yet received a decision on their claim/s from the Immigration Department;

3. The number of those who have received a negative USM decision from the Immigration Department and have an appeal as before the Torture Claims Appeal/Non-refoulement Claims Petition Office ('TCAB/NRCPO'), but, who have not yet received an Appeal Board decision;

4. The no. of individuals who have received a negative appeal decision from the TCAB/NRCPO (i.e. a decision refusing their claim/s) and have consequently lodged applications for Judicial Review, but, where such applications are still ongoing; (i.e. where they have not been finally determined and any consequent appeal rights exhausted);

5. The number of individuals who remain in Hong Kong but who have had their NRC refused/dismissed, and have consequently either:

(a) Failed to validly appeal their refusal as before the TCAB/NRCPO (following the refusal of their claims by the Immigration Department);

(b) Failed to lodge an application for Judicial Review (following the refusal of their appeals before the TCAB/NRCPO);

(c) Have had their applications for Judicial Review refused and presently have no further right to appeal (i.e. as before the Court of Appeal or Court of Final Appeal).

6. The no. of individuals who have submitted a "subsequent claim" for non-refoulement protection, and where such applications have:

(a). Not yet been determined by the Immigration Department;
(b). Have been refused by the Immigration Dept. and are now on appeal before the TCAB/NRCPO.

Yours faithfully,

Isaac Shaffer

Security Bureau

Dear Mr Shaffer,
Your application for Access to Information has been received.  The
application is now under processing.  We will give you a reply as soon as
possible.
 
(Miss Cuby Ng)
Security Bureau

From:        Isaac Shaffer <[FOI #408 email]>
To:        FOI requests at Security Bureau <[Security Bureau request email]>,
Date:        14/08/2019 18:30
Subject:        Freedom of Information request - No. of Outstanding USM
Claims

--------------------------------------------------------------------------

Dear Security Bureau,

I would like to request information regarding the number of individuals
who have made non-refoulement claims 'NRC's) in Hong Kong as within the
Unified Screening  Mechanism ('USM'), and are at each relevant procedural
stages within the process; as follows:-

1. The no. of individuals who have made valid NRC's but have not yet had a
screening interview with the immigration department;

2. The number of those Claimants who have received a USM screening
interview with the Immigration Department but have not yet received a
decision on their claim/s from the Immigration Department;

3. The number of those who have received a negative USM decision from the
Immigration Department and have an appeal as before the Torture Claims
Appeal/Non-refoulement Claims Petition Office ('TCAB/NRCPO'), but, who
have not yet received an Appeal Board decision;

4. The no. of individuals who have received a negative appeal decision
from the TCAB/NRCPO (i.e. a decision refusing their claim/s) and have
consequently lodged applications for Judicial Review, but, where such
applications are still ongoing; (i.e. where they have not been finally
determined and any consequent appeal rights exhausted);

5. The number of individuals who remain in Hong Kong but who have had
their NRC refused/dismissed, and have consequently either:

(a) Failed to validly appeal their refusal as before the TCAB/NRCPO
(following the refusal  of their claims by the Immigration Department);

(b) Failed to lodge an application for Judicial Review (following the
refusal of their appeals before the TCAB/NRCPO);

(c)  Have had their applications for Judicial Review refused and presently
have no further right to appeal (i.e. as before the Court of Appeal or
Court of Final Appeal).

6. The no. of individuals who have submitted a "subsequent claim" for
non-refoulement protection, and where such applications have:

(a).  Not yet been determined by the Immigration Department;
(b). Have been refused by the Immigration Dept. and are now on appeal
before the TCAB/NRCPO.

Yours faithfully,

Isaac Shaffer

-------------------------------------------------------------------

This is a request under the Code of Access to Information facilitated via
the accessinfo.hk website.

Please use this email address for all replies to this request:
[FOI #408 email]

Is [Security Bureau request email] the wrong address for Freedom of Information requests
to Security Bureau? If so, please contact us using this form:
[1]https://accessinfo.hk/en/change_request/...

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[2]https://accessinfo.hk/en/help/officers

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

References

Visible links
1. https://accessinfo.hk/en/change_request/...
2. https://accessinfo.hk/en/help/officers

Security Bureau

Dear Mr Shaffer,

Further to the interim reply of 21 August 2019, I am writing to inform you
that your application for Access to Information is still under processing,
as more time is required to gather and consolidate the statistics
requested in your application.  We will give you a reply as soon as
possible.

Thank you for your kind attention.

(Miss Cuby Ng)
Security Bureau

From:        SB-AIOREQ/SB/HKSARG
To:        Isaac Shaffer <[FOI #408 email]>,
Date:        21/08/2019 11:39
Subject:        Re: Freedom of Information request - No. of Outstanding
USM Claims

--------------------------------------------------------------------------

Dear Mr Shaffer,
Your application for Access to Information has been received.  The
application is now under processing.  We will give you a reply as soon as
possible.
 
(Miss Cuby Ng)
Security Bureau

From:        Isaac Shaffer <[FOI #408 email]>
To:        FOI requests at Security Bureau <[Security Bureau request email]>,
Date:        14/08/2019 18:30
Subject:        Freedom of Information request - No. of Outstanding USM
Claims

--------------------------------------------------------------------------

Dear Security Bureau,

I would like to request information regarding the number of individuals
who have made non-refoulement claims 'NRC's) in Hong Kong as within the
Unified Screening  Mechanism ('USM'), and are at each relevant procedural
stages within the process; as follows:-

1. The no. of individuals who have made valid NRC's but have not yet had a
screening interview with the immigration department;

2. The number of those Claimants who have received a USM screening
interview with the Immigration Department but have not yet received a
decision on their claim/s from the Immigration Department;

3. The number of those who have received a negative USM decision from the
Immigration Department and have an appeal as before the Torture Claims
Appeal/Non-refoulement Claims Petition Office ('TCAB/NRCPO'), but, who
have not yet received an Appeal Board decision;

4. The no. of individuals who have received a negative appeal decision
from the TCAB/NRCPO (i.e. a decision refusing their claim/s) and have
consequently lodged applications for Judicial Review, but, where such
applications are still ongoing; (i.e. where they have not been finally
determined and any consequent appeal rights exhausted);

5. The number of individuals who remain in Hong Kong but who have had
their NRC refused/dismissed, and have consequently either:

(a) Failed to validly appeal their refusal as before the TCAB/NRCPO
(following the refusal  of their claims by the Immigration Department);

(b) Failed to lodge an application for Judicial Review (following the
refusal of their appeals before the TCAB/NRCPO);

(c)  Have had their applications for Judicial Review refused and presently
have no further right to appeal (i.e. as before the Court of Appeal or
Court of Final Appeal).

6. The no. of individuals who have submitted a "subsequent claim" for
non-refoulement protection, and where such applications have:

(a).  Not yet been determined by the Immigration Department;
(b). Have been refused by the Immigration Dept. and are now on appeal
before the TCAB/NRCPO.

Yours faithfully,

Isaac Shaffer

-------------------------------------------------------------------

This is a request under the Code of Access to Information facilitated via
the accessinfo.hk website.

Please use this email address for all replies to this request:
[FOI #408 email]

Is [Security Bureau request email] the wrong address for Freedom of Information requests
to Security Bureau? If so, please contact us using this form:
[1]https://accessinfo.hk/en/change_request/...

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[2]https://accessinfo.hk/en/help/officers

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

References

Visible links
1. https://accessinfo.hk/en/change_request/...
2. https://accessinfo.hk/en/help/officers

Security Bureau

Dear Mr Shaffer,

        I refer to your request for Access to Information on 14 August
2019.  In consultation with the Immigration Department (“ImmD”), the
information is provided as below, please.

2.        As at 31 July 2019, there were about 300 claimants pending
screening of their non-refoulement claim by ImmD under the Unified
Screening Mechanism (“USM”).  At present, claimants are given 49 days to
return their non-refoulement claim form (21 addition days are given on top
of the statutory period of 28 days, as requested by the Duty Lawyer
Service before implementation of USM), i.e. a total of 7 weeks.  Most
screening interviews are conducted in about 2 weeks upon the return of
claim form.  ImmD can, on average, determine a claim in about one week
after the screening interview.

3.        Most of the said about 300 claimants pending screening of their
claim by ImmD are now pending the screening interview.  Of them, about 10
cases are subsequent claims.  ImmD does not maintain breakdown statistics
about the number of appeals against the rejected subsequent claims.

4.        Claimants aggrieved by ImmD’s decision may lodge an appeal in
writing within 14 days after they are informed of such decision.  As at 31
July 2019, there were about 4 600 claimants who had lodged an appeal to
the Torture Claims Appeal Board (“TCAB”) or were within the 14-day appeal
period.  

5.        As at 31 July 2019, there were around 13 100 non-refoulement
claimants and former claimants in Hong Kong.  According to the information
available to ImmD, apart from the above some 300 claimants pending
screening of their claim by ImmD, and the about 4 600 claimants who had
lodged an appeal and pending decision by TCAB (or were still within the
14-day appeal period), there were about 5 300 former claimants who had a
pending application for leave for judicial review (“JR”) or application
for JR against the decision by ImmD and/or TCAB on their non-refoulement
claim and/or appeal; and about 2 900 other former claimants were pending
removal or were not yet readily removable due to other reasons (e.g.
serving imprisonment).

6.        The Security Bureau or ImmD does not maintain specific
statistics on the JR result in respect of non-refoulement claims.  You may
wish to contact the Judiciary for relevant information.  

(Cyrus Cheung)
Security Bureau

From:        SB-AIOREQ/SB/HKSARG
To:        Isaac Shaffer <[FOI #408 email]>,
Date:        02/09/2019 17:40
Subject:        Re: Freedom of Information request - No. of Outstanding
USM Claims

--------------------------------------------------------------------------

Dear Mr Shaffer,

Further to the interim reply of 21 August 2019, I am writing to inform you
that your application for Access to Information is still under processing,
as more time is required to gather and consolidate the statistics
requested in your application.  We will give you a reply as soon as
possible.

Thank you for your kind attention.

(Miss Cuby Ng)
Security Bureau

From:        SB-AIOREQ/SB/HKSARG
To:        Isaac Shaffer <[FOI #408 email]>,
Date:        21/08/2019 11:39
Subject:        Re: Freedom of Information request - No. of Outstanding
USM Claims

--------------------------------------------------------------------------

Dear Mr Shaffer,
Your application for Access to Information has been received.  The
application is now under processing.  We will give you a reply as soon as
possible.
 
(Miss Cuby Ng)
Security Bureau

From:        Isaac Shaffer <[FOI #408 email]>
To:        FOI requests at Security Bureau <[Security Bureau request email]>,
Date:        14/08/2019 18:30
Subject:        Freedom of Information request - No. of Outstanding USM
Claims

--------------------------------------------------------------------------

Dear Security Bureau,

I would like to request information regarding the number of individuals
who have made non-refoulement claims 'NRC's) in Hong Kong as within the
Unified Screening  Mechanism ('USM'), and are at each relevant procedural
stages within the process; as follows:-

1. The no. of individuals who have made valid NRC's but have not yet had a
screening interview with the immigration department;

2. The number of those Claimants who have received a USM screening
interview with the Immigration Department but have not yet received a
decision on their claim/s from the Immigration Department;

3. The number of those who have received a negative USM decision from the
Immigration Department and have an appeal as before the Torture Claims
Appeal/Non-refoulement Claims Petition Office ('TCAB/NRCPO'), but, who
have not yet received an Appeal Board decision;

4. The no. of individuals who have received a negative appeal decision
from the TCAB/NRCPO (i.e. a decision refusing their claim/s) and have
consequently lodged applications for Judicial Review, but, where such
applications are still ongoing; (i.e. where they have not been finally
determined and any consequent appeal rights exhausted);

5. The number of individuals who remain in Hong Kong but who have had
their NRC refused/dismissed, and have consequently either:

(a) Failed to validly appeal their refusal as before the TCAB/NRCPO
(following the refusal  of their claims by the Immigration Department);

(b) Failed to lodge an application for Judicial Review (following the
refusal of their appeals before the TCAB/NRCPO);

(c)  Have had their applications for Judicial Review refused and presently
have no further right to appeal (i.e. as before the Court of Appeal or
Court of Final Appeal).

6. The no. of individuals who have submitted a "subsequent claim" for
non-refoulement protection, and where such applications have:

(a).  Not yet been determined by the Immigration Department;
(b). Have been refused by the Immigration Dept. and are now on appeal
before the TCAB/NRCPO.

Yours faithfully,

Isaac Shaffer

-------------------------------------------------------------------

This is a request under the Code of Access to Information facilitated via
the accessinfo.hk website.

Please use this email address for all replies to this request:
[FOI #408 email]

Is [Security Bureau request email] the wrong address for Freedom of Information requests
to Security Bureau? If so, please contact us using this form:
[1]https://accessinfo.hk/en/change_request/...

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[2]https://accessinfo.hk/en/help/officers

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

References

Visible links
1. https://accessinfo.hk/en/change_request/...
2. https://accessinfo.hk/en/help/officers