4. Convention Against Torture (CAT) & Non-refoulement Claims Scheme

4.1 The CAT & Non-refoulement Claims Scheme provides legal representation and advice to claimants who have lodged non-refoulement claims under the Unified Screening Mechanism in respect of the following risks:

4.2 Our scope of service includes:-

	(a)	Assisting claimants under the CAT & Non-refoulement Claims Scheme in articulating and advancing the relevant grounds and particulars of their non-refoulement claim by giving advice and assistance in completion of the relevant claim form(s);
	(b)	Ensuring timely and complete submissions made by the claimant within the specified time limit;
	(c)	For appeals and/or petitions considered meritorious by the Duty Lawyer, preparing submissions for the claimant and representing the claimant at oral hearing, if any;
	(d)	Assessing merits of appeals and/or petitions;
	(e)	For appeals and/or petitions considered meritorious by the Duty Lawyer, preparing submissions for the claimant and representing the claimant at oral hearing, if any;
	(f)	For cases considered meritorious by the Duty Lawyer, assisting the claimant in making a request to re-open a non-refoulment claim or to make a subsequent claim by providing sufficient evidence in writing to satisfy an immigration officer in accordance with the applicable procedures set out by the Director of Immigration; and
	(g)	Preparing submissions for the claimant in an objection notice on revocation of immigration officer’s pervious decision to accept non-refoulement claim or Torture Claims Appeal Board’s previous decision to reverse decision rejecting non-refoulement claim.

4.3 Claimants under the CAT & Non-refoulement Claims Scheme applying for legal assistance have to make statutory declaration that they are without means to pay the cost for legal representation before they are eligible for assistance. This service is also completely free of charge. Up to 2018, a total of 19,511 claims were handled.

4.4 The number of daily intake under the CAT & Non-refoulement Claims Scheme grew from two when it commenced operation in 2009 to four (on 12 July 2010), six (on 7 June 2011), seven (on 7 September 2012), eight (on 8 October 2012), nine (on 7 April 2014), 10 (on 15 April 2014), 11 (on 2 May 2014), 13 (on 24 August 2015) and was scaled down to four (on 12 November 2018).

4.5 There are 641 active duty lawyers participating in the CAT & Non-refoulement Claims Scheme (Appendix A-5) which comprises 440 Barristers and 201 Solicitors who have a minimum of three years' post qualification experience and also have to undergo a relevant training programme organized by the Hong Kong Academy of Law and the Bar Association

4.6 Up to 31 December 2018, the CAT & Non-refoulement Claims Scheme has received and taken up a total of 19,511 claims from the Immigration Department. Of the 19,511 claims received::

4.7 The Duty Lawyer Service has lodged a total of 1,339 appeal/petitions upon the advice of duty lawyers.