Statistics on yearly TCAB appeals

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Scott Edmunds

Dear Security Bureau,

Can I get yearly statistics on the number of appeals to the Torture Claims Appeal Board (Non-refoulement Claims Petition Office), and of these the number of cases substantiated. Getting data as far back as you have it would be great, and you have this disaggregated by nationality, gender, etc., that would be very useful.

Yours faithfully,

Scott Edmunds

Security Bureau

Dear Mr Edmunds,

I refer to your application for access to information dated 2.3.2017.

We are processing your application and shall let you have a substantive
reply as soon as possible.

Yours sincerely,
Theresa Lee
for Secretary for Security

Security Bureau

Dear Mr Edmunds,
I refer to your email dated 20.3.2017 requesting for provision of yearly
statistics on the number of appeals/petitions filed with the Torture
Claims Appeal Board/ Non-refoulement Claims Petition Office ("the Board")
and the number of appeals/petitions substantiated.  

Further to our interim reply of 27.4.2017, the yearly statistics are given
below, please:-

(a)        Number of appeals/petitions received:

2012 (from 3 Dec): 69
2013: 919
2014: 715
2015: 2,229
2016: 2,862
2017 (Jan to Apr): 1,755

(b)        Number of appeals/petitions concluded:

2012 (from 3 Dec): 33
2013: 625
2014: 399
2015: 604
2016: 926
2017 (Jan to Apr): 992

(c)        Number of appeals/petitions allowed:  15 (as at 30.4.2017)

Yours sincerely,
Theresa Lee
for Secretary for Security

Scott Edmunds

Dear Security Bureau,

Many thanks for digging out these statistics. Can I ask if the 15 appeals/petitions allowed are among the 83 substantiated claimants listed on your website here:

http://www.immd.gov.hk/eng/facts/enforce...

As I mentioned previously, do you have any of this data disaggregated by nationality or gender?

Yours faithfully,

Scott Edmunds

Security Bureau

Dear Mr Edmunds,
Thank you for your email of 10.5.2017.  

On the yearly statistics on appeals/petitions filed with, concluded and
allowed by the Board, we do not have a breakdown by nationality or gender.

Concerning the statistics on non-refoulement claims published in the
homepage of the Immigration Department, we have referred your enquiry to
the Immigration Department which will issue a reply to you direct.

Yours sincerely,
Theresa Lee
for Secretary for Security

Security Bureau

Our ref. : IL/00319182/17

Dear Sir/Madam,

This is to acknowledge receipt of your e-mail.

Your e-mail has been forwarded to our relevant Section.

Best regards,

MOK Wai-man
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
[1]https://www.youtube.com/playlist?list=PL...
at Hong Kong Immigration Department YouTube Channel. The concerned video
clips have Cantonese voice-over supplemented by Chinese or English
subtitles.

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Security Bureau

Our ref. : IL/00319182/17

 

 

Dear Mr Edmunds,

 

I represent the Immigration Department and we have received an referral
from the Torture Claims Appeal Board / Non-refoulement Claims Petition
Office (TCAB) under Security Bureau regarding your enquiry on the Unified
Screening Mechanism statistics as listed on the following Immigration’s
website: -

               [1]http://www.immd.gov.hk/eng/facts/enforce...

 

Please be informed that the number of substantiated claims include those
appeals allowed by TCAB.

 

Regards,

Beatrice Yiu

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
[2]https://www.youtube.com/playlist?list=PL...
at Hong Kong Immigration Department YouTube Channel. The concerned video
clips have Cantonese voice-over supplemented by Chinese or English
subtitles.

show quoted sections

Scott Edmunds

Dear Beatrice,

Thanks for getting back to me on this. Can I ask whether these Torture/Non-refoulement Claim cases are considered ‘determined’ (as referred to on http://www.immd.gov.hk/eng/facts/enforce... as long as there’s a first instance decision, or they’re considered ‘determined’ after the appeal deadline has passed and there’s no appeal made or the TCAB has determined the appeal. I'm just trying to figure out the first instance substantiation rate from this data.

Yours faithfully,

Scott Edmunds

Security Bureau

Our ref. : IL/00406047/17

Dear Mr Edmunds,

 

Thank you for your email dated 12-06-2017 to the Security Bureau who had
referred your enquiry for our follow up.

 

Regarding the statistics on non-refoulement claims on the website of the
Immigration Department 
([1]http://www.immd.gov.hk/eng/facts/enforce..., the column
"Determined" denotes the number of claim cases the Immigration Department
had made decision on under the Unified Screening Mechanism (USM) or the
administrative mechanisms prior to commencement of the USM.

 

Regards,

Beatrice Yiu

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
[2]https://www.youtube.com/playlist?list=PL...
at Hong Kong Immigration Department YouTube Channel. The concerned video
clips have Cantonese voice-over supplemented by Chinese or English
subtitles.

show quoted sections

Security Bureau

Dear Mr Edmunds,
I refer to your email dated 12 June 2017 requesting for provision of
further information on the appeals/petitions filed with the Torture Claims
Appeal Board/Non-refoulement Claims Petition Office ("the Board").  Our
reply is given below, please -

(1)        The number of decisions of the Board challenged via judicial
review applications lodged to the High Court

Rule 3(2) of Order 53 of the Rules of the High Court, Cap. 4A, stipulates
that an application for leave for judicial review must be made ex-parte.
 The Board is generally not privy to the process.  As such, we do not have
information on the number of decisions of the Board challenged via
judicial review applications.  

(2)        The number of appeals for which the appellant is not legally
represented at the Board

Upon receipt of the notice of decision issued by the Director of
Immigration, the duty lawyer would assess and decide whether legal
assistance should be provided to his/her claimant during the
appeal/petition proceedings.  At present, about 9% of the
appellants/petitioners are legally represented.

(3)        The number of appeals for which there is no representative from
the Director of Immigration present at the hearing

According to our record as at 25 June 2017, about 55% of the
appeals/petitions for which the attendance of the Director of
Immigration’s representative at the hearings held may be excused.

Regarding item 4 of your email requesting information of each Board
Member, we do not have such information or a breakdown by individual Board
Members as requested.

Yours sincerely,
Theresa Lee
for Secretary for Security