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Non-refoulment Protection - Subsequent Claims

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Dear Immigration Department,

I would appreciate if you could provide information on the process and policies which govern the consideration of applications for subsequent claim for non-refoulment protection per s37ZO of the Immigration Ordinance (Cap. 115). More specifically:

1. The current policies of the Immigration Department (ImmD) pertaining to its consideration of requests for subsequent claims. In particular, whether there are any policies which are used to assist Immigration Officers in the evaluation of whether:
a. There has been a ‘significant’ change of circumstances;
b. ‘Sufficient evidence’ of that change has been provided;
c. The claim has a ‘realistic prospect of success’;

2. The forms or procedures which applicants should complete or follow to make subsequent claims and/or to provide evidence in support of subsequent claims;

3. The process by which those that make requests for subsequent claims are referred to the Duty Lawyer Service (DLS), and specifically:
a. What triggers referral to the DLS; and
b. At what stage of processing requests for subsequent claims would the ImmD determine referral to the DLS is necessary;

4. The number of applications for subsequent claims received, determined, withdrawn, accepted and rejected by the ImmD, disaggregated by year from 2014 to 2020.

Thank you kindly for your assistance on this matter.

Yours faithfully,

Jessica Alam

Dear Immigration Department,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Immigration Department's handling of my FOI request 'Non-refoulment Protection - Subsequent Claims'.

The request was made on 22 June 2021, and no response has been received. This is significantly longer than the target response times set out in Code on Access to Information.

I understand that only in exceptional circumstances will a response take longer than 21 calendar days. Please confirm the reasons for the delay, and what steps are being taken to provide the information requested.

Yours faithfully,

Jessica Alam

Records and Data Management Section, Immigration Department

Dear Jessica Alam,

Thanks for your email of 20 July 2021.

Regarding your access to information request on the caption subject, you
may wish to note that we did not receive the said request mentioned in
your email before. In this regard, we should be grateful if you would
clarify and let us know the content of such request so that we can process
further in this aspect.

Best regards

(Mr. W M Fung)
for Director of Immigration

From:        Jessica Alam <[FOI #687 email]>
To:        FOI requests at Immigration Department <[Immigration Department request email]>
Date:        20/07/2021 09:53
Subject:        Internal review of Freedom of Information request -
Non-refoulment Protection - Subsequent Claims

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Dear Immigration Department,

Please pass this on to the person who conducts Freedom of Information
reviews.

I am writing to request an internal review of Immigration Department's
handling of my FOI request 'Non-refoulment Protection - Subsequent
Claims'.

The request was made on 22 June 2021, and no response has been received.
This is significantly longer than the target response times set out in
Code on Access to Information.

I understand that only in exceptional circumstances will a response take
longer than 21 calendar days. Please confirm the reasons for the delay,
and what steps are being taken to provide the information requested.

Yours faithfully,

Jessica Alam

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Dear Records and Data Management Section,

The request is copied below (and available here: https://accessinfo.hk/en/request/non_ref...

I would appreciate if you could provide information on the process and policies which govern the consideration of applications for subsequent claims for non-refoulment protection, per s37ZO of the Immigration Ordinance (Cap. 115). More specifically:

1. The current policies of the Immigration Department (ImmD) pertaining to its consideration of requests for subsequent claims. In particular, whether there are any policies which are used to assist Immigration Officers in the evaluation of whether:
a. There has been a ‘significant’ change of circumstances;
b. ‘Sufficient evidence’ of that change has been provided;
c. The claim has a ‘realistic prospect of success’;

2. The forms or procedures which applicants should complete or follow to make subsequent claims and/or to provide evidence in support of subsequent claims;

3. The process by which those that make requests for subsequent claims are referred to the Duty Lawyer Service (DLS), and specifically:
a. What triggers referral to the DLS; and
b. At what stage of processing requests for subsequent claims would the ImmD determine referral to the DLS is necessary;

4. The number of applications for subsequent claims received, determined, withdrawn, accepted and rejected by the ImmD, disaggregated by year from 2014 to 2020.

Thank you kindly for your assistance on this matter.

Yours faithfully,

Jessica Alam

Immigration Department

Our ref.: L/M (66) in ImmD RALS1/6-20/3/C

 

Dear Ms Alam,

 

We refer to your application for access to information of 20 July 2021
relating to statistics on non-refoulement claims.

 

Your application is now under processing.  Our Department would revert to
you on or before 9 August 2021 according to paragraph 1.16 of the Code on
Access to Information.

 

 

Best Regards,

 

 

(FUNG Man-him)

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

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