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

Statistics of non-refoulement claims substantiated on grounds other than persecution risk (amended)

Magdalen Chan made this Freedom of Information request to Security Bureau

Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.

We're waiting for Magdalen Chan to read a recent response and update the status.

Dear Security Bureau,

I have submitted an FOI request named "Statistics of non-refoulement claims substantiated on grounds other than persecution risk" today (9 September 2020): https://accessinfo.hk/en/request/statist...

After having a discussion with the UNHCR, we have decided to make amendments to the above FOI request. The amended version is as follows:

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

From 2000 to the Present (or from the earliest period from which you have relevant records):

(1) Please provide a breakdown by year of the number of non-refoulement claims that were substantiated under grounds OTHER THAN persecution (i.e., other than with reference to article 1A(2) of the 1951 Convention relating to the Status of Refugees), such as due to torture risk, BOR 2 risk, and/or BOR 3 risk, by the Immigration Department.

(2) Please also provide a breakdown by year of the number of non-refoulement claims that were substantiated under grounds OTHER THAN persecution (i.e., other than with reference to article 1A(2) of the 1951 Convention relating to the Status of Refugees), such as due to torture risk, BOR 2 risk, and/or BOR 3 risk, by the Torture Claims Appeal Board/Non-refoulement Claims Petition Office.

Thank you and we apologise for any inconvenience caused.

Yours faithfully,

Magdalen Chan
Legal Casework Volunteer
Justice Centre Hong Kong

Security Bureau

Dear Miss Chan,

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:        Magdalen Chan <[FOI #503 email]>
To:        FOI requests at Security Bureau <[Security Bureau request email]>,
Date:        09/09/2020 14:27
Subject:        Freedom of Information request - Statistics of
non-refoulement claims substantiated on grounds other than persecution
risk (amended)

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

Dear Security Bureau,

I have submitted an FOI request named "Statistics of non-refoulement
claims substantiated on grounds other than persecution risk" today (9
September 2020):
[1]https://accessinfo.hk/en/request/statist...

After having a discussion with the UNHCR, we have decided to make
amendments to the above FOI request. The amended version is as follows:

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

From 2000 to the Present (or from the earliest period from which you have
relevant records):

(1) Please provide a breakdown by year of the number of non-refoulement
claims that were substantiated under grounds OTHER THAN persecution (i.e.,
other than with reference to article 1A(2) of the 1951 Convention relating
to the Status of Refugees), such as due to torture risk, BOR 2 risk,
and/or BOR 3 risk, by the Immigration Department.

(2) Please also provide a breakdown by year of the number of
non-refoulement claims that were substantiated under grounds OTHER THAN
persecution (i.e., other than with reference to article 1A(2) of the 1951
Convention relating to the Status of Refugees), such as due to torture
risk, BOR 2 risk, and/or BOR 3 risk, by the Torture Claims Appeal
Board/Non-refoulement Claims Petition Office.

Thank you and we apologise for any inconvenience caused.

Yours faithfully,

Magdalen Chan
Legal Casework Volunteer
Justice Centre Hong Kong

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

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 #503 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:
[2]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:
[3]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/request/statist...
2. https://accessinfo.hk/en/change_request/...
3. https://accessinfo.hk/en/help/officers

Dear Security Bureau,

I have previously submitted an FOI request named "Statistics of non-refoulement claims substantiated on grounds other than persecution risk (amended)" on 9 September 2020.

According to law, we should have received a response by 21 September 2020. However, we have not yet received a response up to this date. Please kindly provide a prompt response to our request, or send us a confirmation of when you will be able to do so.

Thank you for your kind attention.

Yours faithfully,

Magdalen Chan
Legal Casework Volunteer
Justice Centre Hong Kong

Security Bureau

Dear Ms Chan,

I refer to your email of 22 September 2020.

According to paragraph 1.16 of the Code on Access to Information, where
possible, information will be made available within ten days of receipt of
a written request.  If that is not possible, the applicant will be so
advised by an interim reply within ten days of receipt of the request.
 The target response time will then be twenty-one days from receipt of the
request.

We received your request for access to information on 9 September 2020 and
we issued an interim reply to you acknowleging receipt of your request on
17 September 2020.  With such interim reply within ten days, the target
response time should be 21 days from the receipt of the request, i.e. 29
September 2020.

Please be informed that your request is still under processing.  We will
give you a reply as soon as posible.

Thank you for your kind attention.

(Miss Cuby Ng)
Security Bureau

From:        Magdalen Chan <[FOI #503 email]>
To:        FOI requests at Security Bureau <[Security Bureau request email]>,
Date:        22/09/2020 14:38
Subject:        Re: Freedom of Information request - Statistics of
non-refoulement claims substantiated on grounds other than persecution
risk (amended)

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

Dear Security Bureau,

I have previously submitted an FOI request named "Statistics of
non-refoulement claims substantiated on grounds other than persecution
risk (amended)" on 9 September 2020.

According to law, we should have received a response by 21 September 2020.
However, we have not yet received a response up to this date. Please
kindly provide a prompt response to our request, or send us a confirmation
of when you will be able to do so.

Thank you for your kind attention.

Yours faithfully,

Magdalen Chan
Legal Casework Volunteer
Justice Centre Hong Kong

show quoted sections

Security Bureau

Dear Ms Chan,

Further to the interim reply of 17 September 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.

(Miss Cuby Ng)
Security Bureau

From:        SB-AIOREQ/SB/HKSARG
To:        Magdalen Chan <[FOI #503 email]>,
Date:        17/09/2020 17:34
Subject:        Re: Freedom of Information request - Statistics of
non-refoulement claims substantiated on grounds other than persecution
risk (amended)

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

Dear Miss Chan,

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:        Magdalen Chan <[FOI #503 email]>
To:        FOI requests at Security Bureau <[Security Bureau request email]>,
Date:        09/09/2020 14:27
Subject:        Freedom of Information request - Statistics of
non-refoulement claims substantiated on grounds other than persecution
risk (amended)

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

Dear Security Bureau,

I have submitted an FOI request named "Statistics of non-refoulement
claims substantiated on grounds other than persecution risk" today (9
September 2020):
[1]https://accessinfo.hk/en/request/statist...

After having a discussion with the UNHCR, we have decided to make
amendments to the above FOI request. The amended version is as follows:

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

From 2000 to the Present (or from the earliest period from which you have
relevant records):

(1) Please provide a breakdown by year of the number of non-refoulement
claims that were substantiated under grounds OTHER THAN persecution (i.e.,
other than with reference to article 1A(2) of the 1951 Convention relating
to the Status of Refugees), such as due to torture risk, BOR 2 risk,
and/or BOR 3 risk, by the Immigration Department.

(2) Please also provide a breakdown by year of the number of
non-refoulement claims that were substantiated under grounds OTHER THAN
persecution (i.e., other than with reference to article 1A(2) of the 1951
Convention relating to the Status of Refugees), such as due to torture
risk, BOR 2 risk, and/or BOR 3 risk, by the Torture Claims Appeal
Board/Non-refoulement Claims Petition Office.

Thank you and we apologise for any inconvenience caused.

Yours faithfully,

Magdalen Chan
Legal Casework Volunteer
Justice Centre Hong Kong

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

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 #503 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:
[2]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:
[3]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/request/statist...
2. https://accessinfo.hk/en/change_request/...
3. https://accessinfo.hk/en/help/officers

Dear Security Bureau,

I understand that your staff may require more time to process my FOI request titled "Statistics of non-refoulement claims substantiated on grounds other than persecution risk (amended)". However, it has been almost a month since my request was published. I would appreciate it if you could provide a response as soon as possible. If not, please kindly provide the date when you would be able to respond.

Yours faithfully,

Magdalen Chan
Legal Casework Volunteer
Justice Centre Hong Kong

Security Bureau

Dear Ms Chan,
I refer to your request for Access to Information on 9 September 2020.  In
consultation with the Immigration Department (“ImmD”) and Torture Claims
Appeal Board (“TCAB”), the requested information is provided as below,
please.

(i)
The Government implemented the Unified Screening Mechanism (“USM”) in
March 2014 for screening non-refoulement claims on all applicable grounds
in one go.  As at end August 2020, ImmD determined 17 889 non-refoulement
claims under the USM, amongst which 200 were substantiated.  The breakdown
by year is as below-

Year Number of non-refoulement claims substantiated by
ImmD
2014 1
2015 17
2016 30
2017 38
2018 41
2019 38
2020 35
 (up to August 2020)
Total 200

Further breakdown as requested is not available.

(ii)
TCAB was established on 3 December 2012.  Please find below a breakdown of
the number of appeals substantiated by TCAB against ImmD’s decision
rejecting a non-refoulement claim by year since its establishment -

Year No. of substantiated appeals against ImmD’s decision
rejecting a non-refoulement claim
2013 2
2014 3
2015 3
2016 2
2017 19
2018 26
2019 33
2020 33
(up to August 2020)
Total 121

The two and three appeals substantiated by TCAB in 2013 and 2014
respectively were appeals filed against ImmD’s decision on torture claims
before commencement of the USM in March 2014.  They were substantiated on
the ground of torture risk only.  As regards the remaining 116 appeals
substantiated by TCAB between January 2015 and August 2020, they were
considered on all applicable grounds in one go under the USM.  TCAB does
not maintain statistical information on the number of non-refoulement
claims that were substantiated under grounds other than persecution risk,
and hence are unable to provide you with the requested information.

Security Bureau

From:        SB-AIOREQ/SB/HKSARG
To:        Magdalen Chan <[FOI #503 email]>,
Date:        29/09/2020 17:37
Subject:        Re: Freedom of Information request - Statistics of
non-refoulement claims substantiated on grounds other than persecution
risk (amended)

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

Dear Ms Chan,

Further to the interim reply of 17 September 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.

(Miss Cuby Ng)
Security Bureau

From:        SB-AIOREQ/SB/HKSARG
To:        Magdalen Chan <[FOI #503 email]>,
Date:        17/09/2020 17:34
Subject:        Re: Freedom of Information request - Statistics of
non-refoulement claims substantiated on grounds other than persecution
risk (amended)

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

Dear Miss Chan,

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:        Magdalen Chan <[FOI #503 email]>
To:        FOI requests at Security Bureau <[Security Bureau request email]>,
Date:        09/09/2020 14:27
Subject:        Freedom of Information request - Statistics of
non-refoulement claims substantiated on grounds other than persecution
risk (amended)

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

Dear Security Bureau,

I have submitted an FOI request named "Statistics of non-refoulement
claims substantiated on grounds other than persecution risk" today (9
September 2020):
[1]https://accessinfo.hk/en/request/statist...

After having a discussion with the UNHCR, we have decided to make
amendments to the above FOI request. The amended version is as follows:

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

From 2000 to the Present (or from the earliest period from which you have
relevant records):

(1) Please provide a breakdown by year of the number of non-refoulement
claims that were substantiated under grounds OTHER THAN persecution (i.e.,
other than with reference to article 1A(2) of the 1951 Convention relating
to the Status of Refugees), such as due to torture risk, BOR 2 risk,
and/or BOR 3 risk, by the Immigration Department.

(2) Please also provide a breakdown by year of the number of
non-refoulement claims that were substantiated under grounds OTHER THAN
persecution (i.e., other than with reference to article 1A(2) of the 1951
Convention relating to the Status of Refugees), such as due to torture
risk, BOR 2 risk, and/or BOR 3 risk, by the Torture Claims Appeal
Board/Non-refoulement Claims Petition Office.

Thank you and we apologise for any inconvenience caused.

Yours faithfully,

Magdalen Chan
Legal Casework Volunteer
Justice Centre Hong Kong

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

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 #503 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:
[2]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:
[3]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/request/statist...
2. https://accessinfo.hk/en/change_request/...
3. 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 Magdalen Chan please sign in and let everyone know.