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Publicly funded legal representation at TCAB Q3 2020

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Dear Security Bureau,

I am writing to request the following information:

1. The number of individuals who received publicly-funded legal assistance (PFLA) at the torture claims appeal board (TCAB) in Q3 2020
2. Of those who received PFLA, the number of individuals whose appeals or petitions to the TCAB were allowed, and among those the number of individuals whose appeals were substantiated, in Q3 2020
3. Of those who were declined PFLA before the TCAB, the number of individuals who requested a second opinion or review in Q3 2020
4. Of those who requested a second opinion or review, the number of individuals who were declined a second opinion or review in Q3 2020
5. Of those who requested a second opinion or review, the number of individuals who were provided with PFLA in Q3 2020

Thank you very much.

Yours faithfully,

Carissa Tsang

Security Bureau

Dear Miss Tsang,

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.
 
 Security Bureau

From:        Carissa Tsang <[FOI #530 email]>
To:        FOI requests at Security Bureau <[Security Bureau request email]>,
Date:        18/11/2020 12:05
Subject:        Freedom of Information request - Publicly funded legal
representation at TCAB Q3 2020

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Dear Security Bureau,

I am writing to request the following information:

1. The number of individuals who received publicly-funded legal assistance
(PFLA) at the torture claims appeal board (TCAB) in Q3 2020
2. Of those who received PFLA, the number of individuals whose appeals or
petitions to the TCAB were allowed, and among those the number of
individuals whose appeals were substantiated, in Q3 2020
3. Of those who were declined PFLA before the TCAB, the number of
individuals who requested a second opinion or review in Q3 2020
4. Of those who requested a second opinion or review, the number of
individuals who were declined a second opinion or review in Q3 2020
5. Of those who requested a second opinion or review, the number of
individuals who were provided with PFLA in Q3 2020

Thank you very much.

Yours faithfully,

Carissa Tsang

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

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 #530 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.

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References

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

Security Bureau

Dear Miss Tsang,

I refer to your request for access to information on 2 November 2020.  In
consultation with the Immigration Department (“ImmD”) and Torture Claims
Appeal Board (“TCAB”), the requested information is provided as below,
please.

The number of appeals/petitions received by TCAB in the third quarter of
2020 was 197 and the number of appeals/petitions pending determination by
TCAB as at 30 September 2020 was 1 870.  As at 30 September 2020, there
were 298 claims pending screening by ImmD.  According to the records of
ImmD, over 8 000 unsuccessful claimants whose claims have been rejected
under the Unified Screening Mechanism have applied to the court for leave
for judicial review (JR) or for JR.  Besides, around 2 700 other
unsuccessful claimants remained in Hong Kong as they were imprisoned,
remanded, involved in ongoing criminal investigation process, absconded or
because of some other reasons, or were waiting for repatriation
arrangements.

Security Bureau

From:        SB-AIOREQ/SB/HKSARG
To:        Cuby YW NG/SB/[email protected],
Date:        26/11/2020 12:56
Subject:        Fw: Freedom of Information request - Publicly funded legal
representation at TCAB Q3 2020

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show quoted sections

Security Bureau

Dear Miss Tsang,

Further to the interim reply of 27 November 2020, 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.

 Security Bureau

From:        SB-AIOREQ/SB/HKSARG
To:        Carissa Tsang <[FOI #530 email]>,
Date:        27/11/2020 09:05
Subject:        Re: Freedom of Information request - Publicly funded legal
representation at TCAB Q3 2020

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

Dear Miss Tsang,

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.
 
 Security Bureau

From:        Carissa Tsang <[FOI #530 email]>
To:        FOI requests at Security Bureau <[Security Bureau request email]>,
Date:        18/11/2020 12:05
Subject:        Freedom of Information request - Publicly funded legal
representation at TCAB Q3 2020

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

Dear Security Bureau,

I am writing to request the following information:

1. The number of individuals who received publicly-funded legal assistance
(PFLA) at the torture claims appeal board (TCAB) in Q3 2020
2. Of those who received PFLA, the number of individuals whose appeals or
petitions to the TCAB were allowed, and among those the number of
individuals whose appeals were substantiated, in Q3 2020
3. Of those who were declined PFLA before the TCAB, the number of
individuals who requested a second opinion or review in Q3 2020
4. Of those who requested a second opinion or review, the number of
individuals who were declined a second opinion or review in Q3 2020
5. Of those who requested a second opinion or review, the number of
individuals who were provided with PFLA in Q3 2020

Thank you very much.

Yours faithfully,

Carissa Tsang

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

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 #530 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

Dear Security Bureau,

Your reply on 2 Dec 2020 seems to be a response for a different information request I submitted on 2 Nov 2020 on the "Number of non-refoulement claimants Q3 2020". Please clarify if this is the case and please response to the correct information request.

Thank you.

Yours faithfully,
Carissa Tsang

Security Bureau

Dear Miss Tsang,

Re your preceding email, I found I have made a mistake in our reply on 3
Dec 2020, it should be the subject of "Number of non-refoulement claimants
Q3 2020" and the reply on the above subject had already further interim
replied on 7.12.2020.
The reply on "Freedom of Information request - Number of non-refoulement
claimants Q3 2020" will separate issue, sorry for my inconvenience caused
that I made.

Security Bureau

From:        Carissa Tsang <[FOI #530 email]>
To:        FOI requests at Security Bureau <[Security Bureau request email]>,
Date:        13/12/2020 21:27
Subject:        [Possible SPAM] Internal review of Freedom of Information
request - Publicly funded legal representation at TCAB Q3 2020

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Dear Security Bureau,

Your reply on 2 Dec 2020 seems to be a response for a different
information request I submitted on 2 Nov 2020 on the "Number of
non-refoulement claimants Q3 2020". Please clarify if this is the case and
please response to the correct information request.

Thank you.

Yours faithfully,
Carissa Tsang

show quoted sections

Security Bureau

Dear Miss Tsang,
I refer to your request for Access to Information on 18 November 2020.
 Based on the information available to us, the requested information is
provided as below, please.

It should be highlighted that under the Unified Screening Mechanism, all
non-refoulement claimants may choose to receive publicly-funded legal
assistance (PFLA) at the beginning of screening of their claim by the
Immigration Department (ImmD).  Whether a non-refoulement claimant will
continue to receive PFLA at the appeal stage depends on the assessment by
the lawyer providing PFLA to the claimant on the merits of lodging an
appeal, taking into account the written decision by ImmD on the claim with
detailed reasons.
(i)        The number of appeals/ petitions legally represented by lawyers
from publicly-funded legal assistance (PFLA) in Q3 2020-

No. of appeals/ petitions received by No. of appeals/ petitions
the Torture Claims Appeal Board (TCAB) legally represented by
(a) lawyers from PFLA
(b)
Q3 2020 197 12

(ii)        The number of appeals/ petitions substantiated by the Torture
Claims Appeal Board (TCAB) in Q3 2020-

No. of appeals/ Out of (a), no. of Out of (b), no. of
petitions concluded appeals/ petitions appeals/ petitions
by TCAB legally represented by substantiated by TCAB
(a) lawyers from PFLA (c)
(b)
Q3 2020 538 58 12

(iii)        The number of people who requested a second opinion or review
after not being provided with PFLA based on the assessment of the lawyer
at the appeal stage in Q3 2020 is as below-

No. of people who were declined No. of people requested a second
PFLA opinion or review after not being
(a) provided with PFLA
(b)
Q3 2020 178 6

(iv)        In Q3 2020, all claimants who requested for a second opinion
or review on provision of PFLA to them were provided with the requested
second opinion or review.

(v)        For those who requested a second opinion or review, the number
of people who were subsequently provided with PFLA at the appeal stage
based on the assessment of another lawyer is as below-

No. of people requested a second Out of (a), no. of people who
opinion or review were subsequently provided with
(a) PFLA
(b)
Q3 2020 6 4

Security Bureau

From:        SB-AIOREQ/SB/HKSARG
To:        Carissa Tsang <[FOI #530 email]>,
Date:        07/12/2020 17:57
Subject:        Re: Freedom of Information request - Publicly funded legal
representation at TCAB Q3 2020

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

Dear Miss Tsang,

Further to the interim reply of 27 November 2020, 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.

 Security Bureau

From:        SB-AIOREQ/SB/HKSARG
To:        Carissa Tsang <[FOI #530 email]>,
Date:        27/11/2020 09:05
Subject:        Re: Freedom of Information request - Publicly funded legal
representation at TCAB Q3 2020

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

Dear Miss Tsang,

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.
 
 Security Bureau

From:        Carissa Tsang <[FOI #530 email]>
To:        FOI requests at Security Bureau <[Security Bureau request email]>,
Date:        18/11/2020 12:05
Subject:        Freedom of Information request - Publicly funded legal
representation at TCAB Q3 2020

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

Dear Security Bureau,

I am writing to request the following information:

1. The number of individuals who received publicly-funded legal assistance
(PFLA) at the torture claims appeal board (TCAB) in Q3 2020
2. Of those who received PFLA, the number of individuals whose appeals or
petitions to the TCAB were allowed, and among those the number of
individuals whose appeals were substantiated, in Q3 2020
3. Of those who were declined PFLA before the TCAB, the number of
individuals who requested a second opinion or review in Q3 2020
4. Of those who requested a second opinion or review, the number of
individuals who were declined a second opinion or review in Q3 2020
5. Of those who requested a second opinion or review, the number of
individuals who were provided with PFLA in Q3 2020

Thank you very much.

Yours faithfully,

Carissa Tsang

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

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 #530 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

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