Publicly funded legal representation at TCAB/NRCPO from 2021 Q2-Q3
Dear Security Bureau,
I would be grateful if you could provide the following information on the Torture Claims Appeal Board/ Non-refoulement Claims Petitions Office ("TCAB/NRCPO"):
(1) The number of appeals/ petitions received by TCAB/ NRCPO with publicly-funded legal assistance (PFLA) in the each of the quarters of 2021 Q2 (i.e. 1 Apr - 30 Jun) and 2021 Q3 (i.e. 1 Jul - 30 Sep);
(2) The number of appeals/ petitions concluded by the TCAB/ NRCPO with PFLA in the said period, disaggregated by quarter;
(3) Of those who received PFLA in (2), the number of individuals whose appeals or petitions to the TCAB/NRCPO were allowed;
(4) Of those whose appeals/ petitions were allowed in (3), the number of individuals whose appeals were substantiated against decisions of the Immigration Department rejecting a non-refoulement claim in the said period, disaggregated by quarter;
(5) The number of individuals who were declined PFLA before the TCAB/ NRCPO in the said period, disaggregated by quarter;
(6) Of those who were declined PFLA before the TCAB/NRCPO, the number of individuals who requested a second opinion or review in the said period, disaggregated by quarter; and
(7) Of those who requested a second opinion or review, the number of individuals who were provided with PFLA in the said period, disaggregated by quarter.
Thank you for your time and consideration.
Kinds regards,
Y. F. Liu
Dear Sir/ Madam,
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: "Y. F. Liu" <[FOI #833 email]>
To: FOI requests at Security Bureau <[Security Bureau request email]>,
Date: 06/10/2021 15:09
Subject: Freedom of Information request - Publicly funded legal
representation at TCAB/NRCPO from 2021 Q2-Q3
--------------------------------------------------------------------------
Dear Security Bureau,
I would be grateful if you could provide the following information on the
Torture Claims Appeal Board/ Non-refoulement Claims Petitions Office
("TCAB/NRCPO"):
(1) The number of appeals/ petitions received by TCAB/ NRCPO with
publicly-funded legal assistance (PFLA) in the each of the quarters of
2021 Q2 (i.e. 1 Apr - 30 Jun) and 2021 Q3 (i.e. 1 Jul - 30 Sep);
(2) The number of appeals/ petitions concluded by the TCAB/ NRCPO with
PFLA in the said period, disaggregated by quarter;
(3) Of those who received PFLA in (2), the number of individuals whose
appeals or petitions to the TCAB/NRCPO were allowed;
(4) Of those whose appeals/ petitions were allowed in (3), the number of
individuals whose appeals were substantiated against decisions of the
Immigration Department rejecting a non-refoulement claim in the said
period, disaggregated by quarter;
(5) The number of individuals who were declined PFLA before the TCAB/
NRCPO in the said period, disaggregated by quarter;
(6) Of those who were declined PFLA before the TCAB/NRCPO, the number of
individuals who requested a second opinion or review in the said period,
disaggregated by quarter; and
(7) Of those who requested a second opinion or review, the number of
individuals who were provided with PFLA in the said period, disaggregated
by quarter.
Thank you for your time and consideration.
Kinds regards,
Y. F. Liu
-------------------------------------------------------------------
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Dear Sir/ Madam,
I refer to your request for Access to Information on 6 October 2021.
Having consulted relevant parties, the requested information is provided
as below, please.
Generally speaking, all non-refoulement claimants under the Unified
Screening Mechanism may choose to receive publicly-funded legal assistance
(PFLA) at the beginning of the screening stage by the Immigration
Department (ImmD). Whether a non-refoulement claimant will continue to
receive PFLA at the appeal stage depends on the merits assessment by the
lawyer providing PFLA to the claimant, taking into account the written
decision by ImmD on the claim with detailed reasons.
(1) The number of appeals/ petitions received by the Torture Claims
Appeal Board (TCAB) and were legally represented by lawyers from PFLA in
Q2 and Q3 2021 is as below -
No. of appeals/ petitions received No. of appeals/ petitions
by TCAB legally represented by lawyers
(a) from PFLA
(b)
Q2 2021 404 15
Q3 2021 676 20
(2)-(4) The number of appeals/ petitions concluded by TCAB with legal
representation under PFLA and of those against ImmD’s decision
substantiated by TCAB in Q2 and Q3 2021 is as below -
No. of Out of (a), Out of (b), no. Out of (c), no. of
appeals/ no. of of appeals/ appeals/ petitions
petitions appeals/ petitions against ImmD’s decision
concluded by petitions substantiated of -
TCAB legally by TCAB
(a) represented (c) rejecting rejecting
by lawyers the claims to re-open
from PFLA (d) the claims
(b) (e)
Q2 2021 382 53 18 18 0
Q3 2021 377 73 1 0 1
(5)-(6) The number of people who were declined PFLA and requested a
second opinion or review after not being provided with PFLA based on the
assessment of the lawyer at the appeal stage in Q2 and Q3 2021 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)
Q2 2021 462 50
Q3 2021 715 38
(7) 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 in Q2 and Q3 2021 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)
Q2 2021 50 25
Q3 2021 38 20
Security Bureau
From: SB-AIOREQ/SB/HKSARG
To: "Y. F. Liu" <[FOI #833 email]>,
Date: 11/10/2021 16:30
Subject: Re: Freedom of Information request - Publicly funded legal
representation at TCAB/NRCPO from 2021 Q2-Q3
--------------------------------------------------------------------------
Dear Sir/ Madam,
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: "Y. F. Liu" <[FOI #833 email]>
To: FOI requests at Security Bureau <[Security Bureau request email]>,
Date: 06/10/2021 15:09
Subject: Freedom of Information request - Publicly funded legal
representation at TCAB/NRCPO from 2021 Q2-Q3
--------------------------------------------------------------------------
Dear Security Bureau,
I would be grateful if you could provide the following information on the
Torture Claims Appeal Board/ Non-refoulement Claims Petitions Office
("TCAB/NRCPO"):
(1) The number of appeals/ petitions received by TCAB/ NRCPO with
publicly-funded legal assistance (PFLA) in the each of the quarters of
2021 Q2 (i.e. 1 Apr - 30 Jun) and 2021 Q3 (i.e. 1 Jul - 30 Sep);
(2) The number of appeals/ petitions concluded by the TCAB/ NRCPO with
PFLA in the said period, disaggregated by quarter;
(3) Of those who received PFLA in (2), the number of individuals whose
appeals or petitions to the TCAB/NRCPO were allowed;
(4) Of those whose appeals/ petitions were allowed in (3), the number of
individuals whose appeals were substantiated against decisions of the
Immigration Department rejecting a non-refoulement claim in the said
period, disaggregated by quarter;
(5) The number of individuals who were declined PFLA before the TCAB/
NRCPO in the said period, disaggregated by quarter;
(6) Of those who were declined PFLA before the TCAB/NRCPO, the number of
individuals who requested a second opinion or review in the said period,
disaggregated by quarter; and
(7) Of those who requested a second opinion or review, the number of
individuals who were provided with PFLA in the said period, disaggregated
by quarter.
Thank you for your time and consideration.
Kinds regards,
Y. F. Liu
-------------------------------------------------------------------
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 #833 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
