Dear Immigration Department,

We would like to know the number of non-refoulement claims made completely or partially on the basis that the claimants were victims of human trafficking or will face risks of being trafficked if sent to another country, disaggregated by year. Among these claims, in how many claims were experiences or risks of being trafficked raised in relation to each of the applicable grounds for non-refoulement, i.e. (1) torture defined under section 37U of the Immigration Ordinance, Cap. 115, (2) absolute and non-derogable rights under the Hong Kong Bill of Rights Ordinance, Cap. 383, and (3) persecution risk with reference to the Refugee Convention? How many of these claims have been evaluated and substantiated respectively by your Department?

We would like to have the same figures for appeals/petitions filed with the Torture Claims Appeal Board (TCAB), ie the number of appeals/petitions made completely or partially on the basis that the claimants were victims of human trafficking or will face risks of being trafficked if sent to another country, disaggregated by year; in how many of these appeals/petitions were experiences or risks of being trafficked raised in relation to each of the applicable grounds for non-refoulement, i.e. (1) torture defined under section 37U of the Immigration Ordinance, Cap. 115, (2) absolute and non-derogable rights under the Hong Kong Bill of Rights Ordinance, Cap. 383, and (3) persecution risk with reference to the Refugee Convention; and how many of these appeals/petitions have been processed and substantiated respectively by the TCAB.

Thank you.

Yours faithfully,
Annie Li
Research and Policy Officer
Justice Centre Hong Kong

Dear Ms Yiu,

Thank you for your reply.

Yours sincerely,
Annie Li