The CAT and Non-Refoulement Claims Scheme Duty Lawyer Service

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Day of Establishment

24 December 2009

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Expansion Date Daily

IntakeStaff No. of

LawyersDec 09 2 7 225July 10 4 14 244Jun 11 6 24 269Sep 12 7 37 272 Oct 12 8 43 272Apr 15 11 72 433Aug 15 13 72 435

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Caseload Date No. of

ReferralsCompleted

CasesAppeals

FiledJuly 10 324 58 2Jun 11 1,272 1,079 24Jun 12 2,643 1,818 105 Mar 13 4,117 2,904 222Feb 14 5,794 4,438 383Apr 17 14,328 12,201 907

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Latest Figures - Apr 2017

• 14,328 Referrals • 12,285 Claim Forms Submitted • 10,901 Decisions received from ImmD • 1,300 Withdrawals • 12,201 Completed Cases • 907 Petitions filed • 40 successful Claims

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No Way!!

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Objectives• Public-funded Legal Assistance

• Torture Claims under Part VIIC of Cap. 115

• Non-refoulement protection under Article 3 of the Convention vs Torture, under BOR2, BOR3 & under Article 48(13) of Basic Law

• Ensure procedural fairness during screening process under the Unified Screening Mechanism

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Scope of Service• Assist in filling in & Completing Non-

refoulement Claim Form • Ensure timely submitting within time limit • Attend Screening Interviews • Assess merits of Appeals • Prepare submissions & represent

claimants at oral hearing, if any • Assist to re-open a claim or make

subsequent claim

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Joining CAT Panel1. Attended full training course 2. Awarded with certificates 3. Been practicing for at least 3 years

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Duty Lawyer Fees

• Whole Day Duty : $7,020

• Half Day Duty : $3,490

• Others : $850 per hour

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Operational MattersDuty Lawyer CAT Claim Office

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http://www.paopaoche.net/tv/44896.html

Stage 1• Case referred by Immigration Department &

Merit Test • Means Test : $193,750 per year (since 29

May 2017) • No handling charge • Duty Lawyer Assigned & Case Paper sent • Initial Conference - to give preliminary advice

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Stage 1 - Continued• Fill in draft Non-refoulement Claim Form (assisted

by Court Liaison Officer) • Obtain supporting documents • Finalize Non-refoulement Claim Form (assisted

by Court Liaison Officer & Assigned Duty Lawyer) • Further conferences if deemed necessary • Submit duly completed claim form within time

frame

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Stage 2• Scheduling date(s)

for Screening Interview

• Pre Screening Interview Briefing to claimant

• Attending Screening Interview(s)

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Stage 3• 1st-tier decision made by

Immigration Department • Duty Lawyer explains decision • Advice on merits of appeal, if any • Advice on rights to file appeal • Service ends (if no merit)

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Stage 4• Take instructions on

Appeal/petition • Settle Notices of Appeal/

petition • Apply for late filing of

Appeal/petition (if necessary)

• Submit Appeal Form within time limit

• Attend oral hearing, if any

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Stage 4 - Continued• 2nd-tier Decision by Appeal Board

received

• Explain Decision to claimant

• Advise on right and procedures for JR application

• Service Ends

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Role of Court Liaison Officer

• Supporting Role to Duty Lawyers

• Preparing draft non-refoulement claim form

• Follow up with supporting documents

• Arranging for translation of documents

• Act as Contact Point

• Administrative and secretariat support for duty lawyers

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Whole or Half Day • Attending Screening Interview • Attending Oral Hearing • Whole day fee if Whole day Screening

Interview reserved • Half day fee for Screening Interview or Oral

hearing if Half Day sessions are reserved • Whole day fee if Half day session extended to

Whole day

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$850 per hour preparation fee

• Attend conferences

• Research

• Documents Perusal

• Preparing documents, e.g. Notice of Appeal

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Maxi. Traveling Time

1.5 h 2 h 3 h 3.5 h

Pik Uk

Lai Chi Kok

CAT Office

Castle Peak Immigration

Center

Stanley

Tai Lam

Tong Fuk

Hei Ling Correctional Instituition

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Conference • Actual Time Basis

• Counted from Scheduled time

• Waiting Time included

• Minimum of 1 hour

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Thank You

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