Dear Security Bureau,

I would like to know the number of appeals/petitions allowed by the Torture Claims Appeal Board in each quarter from quarter 4, 2012 to quarter 3, 2017.

Moreover, I would like to know the number of TCAB appeals/petitions received and the number concluded in quarter 2, 2017 and quarter 3, 2017 respectively.

Thank you.

Yours faithfully,
Annie Li
Research and Policy Officer
Justice Centre Hong Kong

Dear Security Bureau,

I am wondering if you have received this data request about the Torture Claims Appeal Board. Your Bureau usually sends interim replies when gathering data, but I did not get one about this data request, so I would like to check if the request has been received, and if yes, the progress.

Thank you.

Yours faithfully,
Annie Li

Security Bureau

Dear Annie,

We acknowledge receipt of your email dated 6 October 2017 and shall let
you have a substantive reply as soon as possible.

Yours sincerely,

Miss Vian NG
for Secretary for Security

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Security Bureau

Dear Ms Li,
I refer to your application for access to information dated 6 October
2017.  Our reply is set out below.

(a)        Number of appeals/petitions allowed by the Torture Claims
Appeal Board (“TCAB”) in each quarter from Q4/2012 to Q3/2017:

Quarter No. of appeals/petitions allowed
Q4/2012 0
Q1/2013 0
Q2/2013 2
Q3/2013 0
Q4/2013 0
Q1/2014 1
Q2/2014 0
Q3/2014 0
Q4/2014 2
Q1/2015 1
Q2/2015 1
Q3/2015 0
Q4/2015 1
Q1/2016 1
Q2/2016 1
Q3/2016 0
Q4/2016 1
Q1/2017 1
Q2/2017 8
Q3/2017 5
Total 25

(b)        Number of appeals/petitions received by TCAB in Q2/2017 and
Q3/2017:

Quarter No. of appeals/petitions received
Q2/2017 1 354
Q3/2017 1 238

(c)        Number of appeals/petitions concluded by TCAB in Q2/2017 and
Q3/2017:

Quarter No. of appeals/petitions concluded
Q2/2017 822
Q3/2017 906

Regards,
Ms Candee Lai
Security Bureau

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Dear Ms Lai,

Thank you for your reply. I would like to clarify the number of appeals/petitions allowed in Q3, 2017. According to our organisation's own quarterly record of official Immigration Department figures, which are obtained from http://www.immd.gov.hk/eng/facts/enforce..., there were only four non-refoulement claims substantiated in Q3, 2017. (By June 2017, there were 99 substantiated claims and by September 2017, there were 103.) This is fewer than the five appeals/petitions allowed mentioned in your reply above.

We have been advised by the Immigration Department that the number of substantiated claims on that website includes those allowed by the TCAB.

Thank you.

Yours sincerely,
Annie Li

Security Bureau

Dear Ms Li,

The Torture Claims Appeal Board/Non-refoulement Claims Petition Office
(“TCAB”) hears and determines appeals/petitions against decision not to
re-open a non-refoulement claim, rejecting a non-refoulement claim or
revocation decision made by an immigration officer.

The number of appeals/petitions allowed by TCAB in each quarter from
Q4/2012 to Q3/2017 provided in our email of 28 November 2017 includes all
types of appeals/petitions mentioned in paragraph 1 above.

Regards,
Ms Candee Lai
Security Bureau

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Dear Ms Lai,

Thank you for your clarification. May I know then, in each quarter from Q4/2012 to Q3/2017, among the appeals/petitions allowed by the TCAB, how many led to non-refoulement claims being substantiated and therefore one of those listed as substantiated on the Immigration Department's webpage http://www.immd.gov.hk/eng/facts/enforce...

Thank you very much.

Regards,
Annie

Security Bureau

Dear Ms Li,

I refer to your email dated 6 December 2017.  We shall let you have a
substantive reply as soon as possible.

Regards,
Ms Candee Lai
Security Bureau

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Security Bureau

Dear Ms Li,

Further to our interim reply of 16.12.2017, the number of
appeals/petitions allowed by the Torture Claims Appeal Board against
decisions rejecting a non-refoulement claim made by an immigration officer
in each quarter from Q4/2012 to Q3/2017 is tabulated below:

Quarter No. of appeals/petitions allowed
Q4/2012 0
Q1/2013 0
Q2/2013 2
Q3/2013 0
Q4/2013 0
Q1/2014 1
Q2/2014 0
Q3/2014 0
Q4/2014 2
Q1/2015 1
Q2/2015 1
Q3/2015 0
Q4/2015 1
Q1/2016 1
Q2/2016 1
Q3/2016 0
Q4/2016 0
Q1/2017 1
Q2/2017 8
Q3/2017 3
Total 22

Regards,
Ms Candee Lai
Security Bureau

From:        sbenq/SB/HKSARG
To:        [FOI #204 email],
Date:        16/12/2017 17:41
Subject:        Fw: Freedom of Information request - TCAB statistics

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Dear Ms Li,

I refer to your email dated 6 December 2017.  We shall let you have a
substantive reply as soon as possible.

Regards,
Ms Candee Lai
Security Bureau

Dear Ms Lai,

Thank you very much for the data.

Regards,
Annie