The Immigration (Amendment) Ordinance 2012 (Commencement) Notice was published in the Gazette today, to establish a statutory process for determining torture claims.
The ordinance was passed on July 13 by the Legislative Council to establish a statutory process for determining torture claims made under Article 3 of the United Nations Convention Against Torture & Other Cruel, Inhuman or Degrading Treatment or Punishment.
The amendment provides for a statutory process for making and determining claims, including how a torture claim is made, the time limit for a claimant to return the torture claim form, and the requirements for the Immigration Department to arrange screening interviews and issue written notices of decision.
It also stipulates a claimant who is aggrieved by the decision can lodge an appeal, which will be handled by a statutory Torture Claims Appeal Board.
Since the start of the enhanced screening mechanism from December 24, 2009, to the end of last month, the department has made decisions on 2,361 torture claims.
To date, only one case has been substantiated under the previous screening mechanism before December 24, 2009. There are at present 5,300 cases pending processing. In 2012-13, the department aims to complete processing 1,500 or more cases.
The notice will be tabled at the Legislative Council on October 10 so the amended ordinance can come into force on December 3.