Non-refoulement claims of victims of human trafficking

入境事務處 did not have the information requested.

Dear Immigration Department,

We would like to know the number of non-refoulement claims made completely or partially on the basis that the claimants were victims of human trafficking or will face risks of being trafficked if sent to another country, disaggregated by year. Among these claims, in how many claims were experiences or risks of being trafficked raised in relation to each of the applicable grounds for non-refoulement, i.e. (1) torture defined under section 37U of the Immigration Ordinance, Cap. 115, (2) absolute and non-derogable rights under the Hong Kong Bill of Rights Ordinance, Cap. 383, and (3) persecution risk with reference to the Refugee Convention? How many of these claims have been evaluated and substantiated respectively by your Department?

We would like to have the same figures for appeals/petitions filed with the Torture Claims Appeal Board (TCAB), ie the number of appeals/petitions made completely or partially on the basis that the claimants were victims of human trafficking or will face risks of being trafficked if sent to another country, disaggregated by year; in how many of these appeals/petitions were experiences or risks of being trafficked raised in relation to each of the applicable grounds for non-refoulement, i.e. (1) torture defined under section 37U of the Immigration Ordinance, Cap. 115, (2) absolute and non-derogable rights under the Hong Kong Bill of Rights Ordinance, Cap. 383, and (3) persecution risk with reference to the Refugee Convention; and how many of these appeals/petitions have been processed and substantiated respectively by the TCAB.

Thank you.

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

入境事務處

本處檔號: L/M (33) in ImmD RALOS/6-20/3/C

 

 

Dear Ms Li,

 

Thank you for your email dd 18 April 2017.  Regarding the matters raised
therein, we would revert to you in due course.

 

Best 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
[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.

show quoted sections

入境事務處

本處檔號: L/M (33) in ImmD RALOS/6-20/3/C

  

Dear Ms Li,

 

Thank you for your enquiry dated 18 April 2017.  Under Unified Screening
Mechanism, claimants should provide all facts and grounds for requesting
non-refoulement for Immigration Department (ImmD)'s screening in
accordance with all applicable grounds.  Claimants may not cherry-pick
individual grounds.  In any event, please be informed that we do not
maintain the statistics breakdown as requested.  As for the figures
relating to appeals / petitions filed with the Torture Claim Appeal Board
(TCAB), you may wish to consult TCAB direct at [1][email address].

 

You may visit the website of ImmD at the link below for updated statistics
relating to non-refoulement claims:

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

 

Best 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
[3]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

Dear Ms Yiu,

Thank you for your reply.

Yours sincerely,
Annie Li