Updated Torture Claim Procedures

Oct 16th, 2011 | Advocacy | Comment

There are currently about 6000 open CAT cases filed with the Immigration Dept (ImmD). Following past court rulings, the CAT screening process needed to be revised in accordance with the new mechanism, i.e. provision of lawyers, interview and report to be conducted by the same officer, timing guidelines, submission requirement, etc. The screening interviews were only resumed in December 2009, as the ImmD needed to train more lawyers (not all lawyers were familiar with torture claim), set up of the Duty Lawyer CAT office and hire staff for the Torture Claim Assessment Section which was expanded from 8 to over 100 staff. Only approximately 600 cases have been completed in the past twelve months, however now the ImmD is moving very quick. Most of the CAT screenings are completed in 3-6 months, unless claimant intentionally delayed the case, which is held against them and will soon be considered an offense. The success rate is 0% and every case heard so far this year has been refused!

The procedures will be as follows:

1. When you raise your torture claim, the case is passed to Shatin Torture Claim Assessment Section (TCAS) for processing.  They will only entertain your request if you have overstayed in HK. If you still have a valid visa, they will not consider your application. Some lawyers have taken this point to the Court, but lost already.
2. TCAS will pass the instructions to Duty Lawyer Service CAT Office. Staff of DLS-CAT office will call you for a meeting.
3. DLS-CAT will ask you whether you want a lawyer to represent you. You can nominate your own lawyer or pick one from their list. You may call Mr. Kenneth Chan of DLS-CAT office for a list, (5/F., Siu Lek Yuen Operational Base, 25-27 Yuen Shun Circuit, Siu Lek Yuen, Shatin,  Tel. 2646 8211, Fax. 2646 5615)
4. DLS-CAT staff will help you fill in the 72 Questions (not 66Q anymore) and submit it to the TCAS within 28 days.
5. Usually the 28 days deadline cannot be met, so your Duty Lawyer will ask for an extension.
6. Once 72Q is returned, TCAS will give you a screening interview very quick, say within 1 – 2 months.
7. Usually after 1-2 interviews the TCAS officer will write a report within 2 months. Sometimes very quick, within 1 month.
8. Currently 100% of CAT cases have been rejected. Once rejected, the TCAS report will be passed to your Duty lawyer.
9. Duty Lawyer will advising you to appeal with 14 days to the CAT Petition Bureau by way of Petition.
10. If your Duty Lawyer thinks that you have grounds to appeal, he will advise the Duty Lawyer Office to continue your appeal case; if not you have to handle the appeal by yourself.
11. The appeal will normally be rejected by the Petition Bureau within 1 or 2 months.
12. ImmD will detain you when you report to Ma Tau Kok and send you to CIC Tuen Mun – pending deportation.
13. You still have a last chance to appeal by way of Judicial Review to the High Court. You can either do it by yourself or apply for Legal Aid, which can take several months during which you will be held in CIC detention.
14. Legal aid will be refused unless you have a very strong ground, in which case you will have to hire your own lawyer.
15. ImmD will not normally agree to release you from CIC, even though you intend to apply for a judicial review.
16. ImmD are now handling new cases first (those from 2010 and 2011). For old case they are proceeding with 2008 and 2009 already.
17. Old cases will receive a letter from TCAS requesting you to go to Shatin TCAS, or to report to Ma Tau Kok office.
18. In order to avoid the abuse of process (registering with UNHCR after CAT failure), the government is going to pronounce a bill that has passed its second reading in Legco.
19. Note that once CAT claims are withdrawn or cancelled, they may not be re-opened again.

Useful documents:

CAT Bill 2011 July

Appendix A_Notice_to_Claimant

Appendix D_Interviewing Protocol

Appendix D_Notice_of_Petition

Appendix E_Guideline_for_Children

Appendix I_Flow_Chart_for_Claims

Appendix J_Rights_and_Responsibilities

Famous refugees and children of refugees

Oct 11th, 2011 | Advocacy | Comment

Our members often lament a latent “sense of shame” at living as refugees, not owing to a lack of self-esteem, but due to an erroneous public view reinforced by biased media. It’s emotionally draining to be a needy person unwilling to reach out for fear of misunderstanding, prejudice and, worst of all, shunning. This is why Vision First champions the right to self-reliance, including access to health and education support, with a particular emphasis on the right to work.

Dear Members, keep your head up and appreciate that ultimately there are two kinds of people: those who intelligently understand the downside of rising against opposing forces, and those who unintelligently mistake seeking refuge for something it obviously is not! The former are few and precious, the latter are sadly more numerous and helplessly closed to enlightenment, so don’t even bother. Let’s all remember that there are many famous people in the world today and throughout history who are or were refugees, or who came from families where one or both of parents were refugees. You might be surprised to learn about some of them like one of the most famous refugees – Albert Einstein! If you know about others, please let us know and we’ll add them to the list.

Musicians and pop stars

Actors

Politicians

Writers and artists

Others

“Let us remember that a bogus asylum-seeker is not equivalent to a criminal; and that an unsuccessful asylum application is not equivalent to a bogus one.”– Kofi Annan

Refugee claims police abuse in anti-triad raid

Oct 6th, 2011 | Advocacy | Comment

SCMP – Oct 06, 2011

A West African asylum seeker claims he was physically and verbally abused by police after being caught up in an anti-triad swoop while out jogging last month. Aliou Diallo, from Guinea, was one of 57 people arrested 10 days ago near a soccer pitch at the To Kwa Wan Recreation Ground as police hunted for a senior Pakistani enforcer for the Sun Yee On triad. Police said that the enforcer’s followers were among the 57 men arrested and were on their way to a gang fight in the city after a recent dispute in Tsim Sha Tsui. Diallo, who has lived in Hong Kong for five years, had been jogging and was picked up by police who took him into custody along with the Pakistanis and Indians at the recreation ground. He claims he was bound with plastic cord and then kicked in the back by police while trying to find out why he was being arrested. When he protested to the police in English, he says he was told: “Speak Chinese. This is Chinese territory.” Diallo said he was then hit again. He spent the next 48 hours at Ho Man Tin Police Station along with the other detainees. All 57 detained were kept in one room and bound for a total of 11 hours, Diallo said. They went without food or water for 24 hours. Diallo also alleged that one young Pakistani was taken from the room and beaten by police. “It was a case of being in the wrong place at the wrong time, but this does not excuse how I and the others were treated. It was a terrifying experience,” Diallo, 35, said. “A few of us were beaten and verbally abused. It should not have happened.”

A police spokesman said that 57 non-ethnic Chinese males aged between 16 and 51 were arrested for affray at To Kwa Wan Recreation Ground in Hung Hom on September 26. All were released on police bail and required to report back in a month. Investigations by the Regional Anti-triad Unit of Kowloon West are under way. “Police will conduct a fair investigation into every case. Members of the public are entitled to lodge complaints to the Complaints Against Police Office [the force’s internal complaint-investigation unit] concerning the conduct of a member of the police force,” he said. Three other people who were arrested during the raid contacted the South China Morning Post to confirm Diallo’s allegations of verbal and physical abuse. They gave only their nicknames for fear of further victimisation. Two Indians called Lucky and Rome and their Pakistani friend Abi said they had met at the To Kwa Wan Recreation Ground with other friends to celebrate Lucky’s 27th birthday. They had planned to meet there before going to a restaurant in Jordan for dinner. “It’s a birthday I won’t forget. We got rounded up and spent the next 48 hours in the police station,” Lucky, who is an accountant, said. “None of us had any criminal record or had ever been in a police station before.” Lucky claimed that police had planted an iron bar on him while he was handcuffed in To Kwa Wan Recreation Ground. Rome, a social worker, and Abi, a private driver, supported the allegations. Abi said he had written to the Independent Police Complaints Council about the incident.
[Diallo has been a VF member since 2009 and is now fighting these unjust charges]

One million dollars

Oct 2nd, 2011 | Advocacy | Comment

There are moments in life that need to be celebrated. There are remarkable milestones that stand proudly for the accomplishments of a team, the dedication of their supporters and the gratitude of their beneficiaries. By the end of August 2011, Vision First spent the first one Million Dollars on direct welfare to its members, solving their most pressing needs. It should be noted that we pay *zero* dollars in salaries, rent and administration, which guarantees that every cent is meticulously dedicated to relieving hardship were it’s most acute. Despite the scourge of inflation, 1,000,000 dollars is a lot of money! Most significantly, given our broad donor base – whose generosity made this possible! – this amount reflects the kindness of everyone who took to heart the plight of refugees and stepped up to make a real difference. To each of you, our 400 grateful members offer the sincerest: “THANK YOU!”

Today we honour each donor on behalf of the dozens of refugees we assist daily, those visiting our centre with needs nobody else can meet, those relying on us to solve overwhelming difficulties, those made destitute by an existence they never imagined back home. When they thank us, they are really thanking you. When they praise and bless us, we transfer it back to you! It is said that a refugee is an ordinary person in an extraordinary situation, and we are simply honoured to alleviate somewhat the cruel fate that uprooted and brought them cap-in-hand to our doorstep. When confronting the horrors of which humans are capable (Homo homini lupus est), it’s impossible to remark, “I know how you feel!” Nobody but fellow refugees can sympathize with the calamity of exile, the shame of destitution and the heartache of loneliness that seeking asylum entail. However, the single most important role Vision First plays is undoubtedly being People who care – dedicated citizens who rise above the humdrum of society and the meaningless preoccupations of modern life to truly be their brother’s keeper.

This has been an outstanding year already: we serve 400 members monthly with our cutting-edge Online Booking System, we opened a rent-free office, we launched the only refugee shelter in town, we raised a record 180,000$ in one event and have distributed 1,000,000$ in real, tangible assistance! As far as charity goes, we are proud that Vision First has raised the standard again. We think different, we act different and we make the difference. Who would have guessed this band of friends could have inspired so many without institutional sponsorship or corporate backing? Two years ago we were challenged with, “What is the sense of such a small effort when there are thousands of asylum-seekers?” Doubt never infected our hearts: the Great Wall of China was built one brick at a time and every journey starts with one small step. No effort is too small when helping others and by casting our pebble into the pond, it was the ripples that inspired others to join our efforts to make Vision First the success it is today. Why sit down and feel helpless when there is so much suffering in the world, indeed, in our city? Why accept a rotten system when you can create a better one? Reaching the first million was hard work. It took the sacrifices and resoluteness of many passionate individuals who gave up much to achieve a shared dream. Today nobody doubts we will reach ten million dollars in the coming years … cautioned by Fyodor Dostoevsky’s reminder that, “Love in action is a harsh and dreadful thing compared with love in dreams!”

Asylum seekers stuck in slow lane

Sep 27th, 2011 | Advocacy | Comment

SCMP on Sep 27, 2011

Protection of fundamental rights and adherence to the rule of law are core values. We strive to ensure everyone in society is treated fairly, regardless of status, race or nationality. To do so, robust institutional safeguards have been made – and there are appeal channels for the aggrieved who want to seek redress. That said, there is no room for complacency. The screening arrangement being put in place for asylum seekers is a case in point. The process remains so shamefully slow that some may feel helpless and are therefore tempted to exhaust different ways in the hope of getting their cases noticed. Last week, this paper reported that five inmates in an immigration detention centre have been refusing food for more than a month. The hunger strike came after some were allegedly beaten. They were all believed to be asylum seekers, some of whom having stayed in the city for up to two years already.

The situation does little credit to a city that prides itself on being a tolerant and humane society. It highlights the urgent need for an effective mechanism that could guard against abuses while being able to help those with genuine needs. It is a pity that the inmates have chosen to seek attention by hurting themselves. Four of the five, weak and vulnerable, were staying at the centre’s medical bay. They need not have resorted to such extreme action to make their point. Others discontented with the delay should not be encouraged to follow suit. Thanks to a series of court rulings that effectively struck down the previous regime, the government is finally pushing ahead with a law seeking to back up the safeguards under a so-called enhanced mechanism for torture claimants adopted since late 2009. But the outlook remains gloomy, with only 1,200 torture claims handled in the following 18 months. Of these, decisions were made on only some 500. Hopefully, the blueprint tabled to Legco in July can be enacted no later than next summer to help clear some 6,700 outstanding torture claims. Otherwise, the bill will lapse and the legislative process will have to start over again in the new term beginning in October next year.

Clearing the backlog of torture claims is only part of the challenge. Hong Kong has still not signed the UN Convention on Refugees, arguing that abuses may follow if we do so. The separate queue for screening asylum seekers by the UN High Commissioner for Refugees has unnecessarily complicated the matter. The government’s reluctance to take on refugee screening is understandable. The ordeal in handling tens of thousands of Vietnamese asylum seekers in the 1980s has made officials wary of taking any steps that might see another influx. But fears about being swarmed by bogus claimants are not reasons to shut out the valid ones. We must have a system in place which ensures claims are processed quickly and fairly.

In the mind of a refugee

Sep 22nd, 2011 | Advocacy | Comment

The minds of refugees never stop running, day or night. Even if you come to HK as a normal, bright and optimistic person eventually over time you become a little crazy. If you look at those asylum seekers who have been here for a long time, say five to seven years, sometimes as little as two, their personality has already changed. They are not the person they were when they arrived. Why does this happen? What drives us to this insanity? Well, we spend a lot of time with each other and we can see how our friends’ mind deteriorates and loses its grip on reality. One good friend flipped recently, he suddenly lost hope and didn’t care what would happen to him even crossing the road. Refugees worry too much. This is the biggest poison for our brain.  Some people become hot tempered, others impatient, most lose hope and everyone becomes very *forgetful*. I see it even with myself. When I first came to HK I used to remember everything that happened, both many years ago and last week. However now I have become so forgetful. My mind is always running here and there, like I cannot control it, as if it’s doing its own thing without consulting me! When I sleep, maybe my outer body is sleeping but my mind is RUNNING and always TALKING. At times I wake up with a jolt and murmur to myself, “Oh my God I don’t want to become mad in this place!”

I lay in bed every night and sleep doesn’t come for ages. Sometimes it takes more than five hours to fall asleep – it’s totally insane! At times I’m still lying there at dawn and don’t fall asleep until morning. I worry too much. What’s going to happen to my life? How am going to pay rent? What about my electricity bill? Where are all these years going? How will my UNHCR case be resolved?  Will Immigration call about my torture case? What will happen if they refuse me … will I be deported? Will I be arrested? If they send me back to my country, I know I will be detained and tortured. This is crazy! Who can live in this state of extreme anxiety and NOT go crazy? At night I feel that my legs and body are sleeping, but my brain isn’t switching off. What I would give for a good night sleep! I don’t even remember what it felt like to wake up fresh. My mind carries on churning, thinking without me wanting to. These are not my thoughts. These are worries I can do nothing about and they are dragging me down into an abyss I cannot extract myself from. I want to rest but my mind doesn’t listen to me; it worries, it fears, it’s overwhelmed by depression and anxiety, relentlessly. It’s not easy to describe: imagine your heart at rest, hardly feel its heartbeat, and compare it to your heart after running a race, when it pounding out of your chest. So I feel that my brain is ‘beating too fast’, churning thoughts I cannot stop or control. It’s exhausting! This constant worrying night after night, month after month, is the most debilitating torture. It zaps your energy as it strips you of your sanity!

When I look at my life, I feel that everything is moving too slow. Nothing good is happening. My last UN interview was at the end of 2010 and still no news. I don’t even want to go and change my appointment slip because I know that nothing has happened, nothing has changed and they are just going to give me another slip of paper. Why am I staying here? Perhaps it’s just better to return to my country and die there. I’m tired. I cannot take this waiting and hoping, hoping and waiting when there is nobody encouraging me. My family is far away. My children haven’t seen me for four years. They hardly remember my face. They ask their uncle, “What did my father look like?” I suffer this massive guilt of having left loved ones behind, having failed to care for them, to provide for their education and future. I might have saved myself, but I have disappointed my family. I thought I could find safety and asylum in HK, then bring my children out of my country, but years have gone by, my passport has expired and I have no way of resolving my personal problems by myself, without somebody’s help … and yet I’m helpless – Johnnie (36) East Africa

Drummers set the beat at Solas

Sep 5th, 2011 | Advocacy | Comment

Yvonne Lai writes in SCMP, on Sep 05, 2011

After the success of its “No Nation Without A Donation” fund-raiser last year, refugee charity Vision First decided to bring the event back bigger and louder at Solas in Wyndham Street on Thursday. As a team of African drummers set the beat for an evening of raffle ticket sales and heavy drinking – in the spirit of community service, of course – 10 guest bartenders sporting electric-blue sequinned bow ties geared up for rapid rounds of charity bartending for a packed house.

“I’ve had plenty of practice drinking – but not so much mixing drinks,” Anand Singaram said before his round. “My strategy is to serve lots of beer.” Fellow guest bartender Katherine said: “I’m a hedge fund manager with zero experience tending bar. I’m just going to throw a bunch of stuff together and hope it tastes like a cocktail. I imagine I’ll get yelled at a lot.”

It would seem that the collective lack of bartending experience did not slow the drink orders. Vision First education director Tiffany Sturman tallied up donations surpassing the HK$100,000 target at the end of the evening. [Edit: raised over 180,000$] “There were definitely many memorable moments throughout the night, but I think everyone can agree that our African drummers helped put everyone in a festive mood right from the start,” Sturman said.

“Their energy and rhythm flowed through the crowd and built momentum, which our guest bartenders were able to capitalise on.” The funds raised will go towards Vision First’s Graduate Equivalency Diploma programme, which will help Hong Kong refugees choosing to resettle in the United States and Canada.

There is no camp!

Aug 31st, 2011 | Advocacy | Comment

We have heard from many members that persistent rumors are circulating among refugees in Hong Kong, saying “In 2012 all asylum-seekers will be sent to a camp on a secret island!” It is reported that after being imprisoned in The Camp, nobody will be allowed to leave. In The Camp there will be fast-track CAT screening and rapid deportation of failed cases. Since the Immigration Department is efficiently denying asylum to the hundreds of claimants processed so far, it is feared that nobody will succeed. Rumors are circulating that The Camp is being built right now by Immigration to house not only adults, but also families with children – no matter their age. Nobody will be released on Recognizance (Big ID) as these will be cancelled. Which island has been selected isn’t sure. However, it will not be on a big one, like Lantau, but rather on a small one, isolated from the others and not reachable by public ferry – to ensure total isolation of this refugee community.

Many members are genuinely afraid. They have heard this rumor from many sources (none of them official) and they are very concerned this report will become truth as more and more people are discussing it. Vision First heard it already in June and now the unfounded speculation is reaching a new dimension as it spreads through the corridors and stairwells of Chung King Mansion. People are saying The Camp was approved by Legco in June and construction started on a secret island already in July, with expected completion by year end. It is feared that after Christmas there will be a sudden rounding up and arrest of 6,700 asylum-seekers (with their children) who will be banished and isolated on this dreaded island. It is no exaggeration that refugees are already sweating and that is not because of the summer heat!

Please rest assured this is nothing but malicious gossip, probably stemming from incidents in other countries. The rights of asylum-seekers and refugees in Hong Kong are monitored by many activists, lawyers and concerned citizens who would never allow such arbitrary incarceration. Our practical advice is for everyone to resist the drama of speculation, but to inquire directly to trusted sources about important information … and don’t believe the scare-mongers 🙂

Shazia: the senseless murder of a mother

Aug 27th, 2011 | Advocacy | Comment

Shazia came to Hong Kong in September 2009 from the dusty Pakistani Milpur region.  There her family struggled amid corruption, violence and escalating militancy for decades, until forced to find sanctuary abroad. Nothing could have prepared them for the twisted fate that saw Shazia murdered by her estranged husband on Tuen Mun beach last week. Hers was a life of hardship till the bitter end, an existence that prompts reflection on our tenuous grip on life. Shazia (her full name in a culture that normally lists father and grandfather too) was introduced to Vision First by ISS in an email lamenting the theft of her paraplegic son’s wheelchair. This unscrupulous act started a chain of positive events with our charity kicking into action. And yet we wondered, “How could anyone steal a handicapped kid’s transportation?” That sense of unreal permeated the life of this diminutive, gentle mother who struggled against adversity with resolute purpose and admirable perseverance. In the wake of complex events, Shazia abandoned her hometown when death threats against her children proved too much to bear. Since her husband fled to Hong Kong in 2006, her predicament worsened and peaked with armed thugs assaulting her to discover his whereabouts. At that point she knew escape was her only option.

Forced from the familiarity of her hometown, Shazia embarked on an arduous trip across Pakistan, Guangdong and finally to Hong Kong. The fact she was a single Muslim mother with three young boys – the youngest with congenital hydrocephalus always in her arms – made travelling more arduous. She begged her way through China to a coastal village, where smugglers extorted every last dollar to ferry them across the waters. Without a HK visa, she had no choice but to brave the illegal crossing that almost cost her sons’ life. This was the night of her deepest terror, she later recalled. She couldn’t swim and neither could her frightened children. The flimsy speedboat jetted through pitch darkness over what she feared where abyssal waters – she’d never seen the ocean before, you see. Suddenly the men tossed them overboard into neck-high waters and, grasping for her screaming kids, she was helpless to save the bags that drifted away with their scant belongings in the propeller wash.

In the safety of Hong Kong, a benign fate might have smiled upon her, instead Shazia found her life to be marooned between survival and hopelessness. We first met her when she shared a hellhole in Chueng Sha Wan with another family, a place so small Shazia slept with the boys on one mattress in a doorless room. Our first commitment was to buy Hadi a wheelchair. It was too stolen within a week! However, this time, remorse anguished the thief who returned it to their doorstep three days later. That was our clue Shazia required a home with a lift, as she couldn’t leave those precious wheels unattended for a minute. With ISS help Shazia moved into a decent home along Nam Cheong Street and VF ensured they had everything they needed. The next stage was ensuring the boys attended school and the Education Bureau did everything possible to ensure placements, even for Hadi at a special school with door-to-door transport. Within months the kids flourished, scoring high points on tests which we celebrated with ice-cream in the park. Today we realize those were the happy days: they came running to hug and smiled with confidence as they adjusted to their new environment with youthful excitement. Meanwhile, Shazia studied English one-on-one with our tutor and shared the sadness of explaining to her sons why they couldn’t afford the stuff and outings their classmates enjoyed. There’s no easy way to deal with this, as every refugee parent knows all too well.

Below the surface not all was well. After putting her sons through the wringer of exile, instead of finding the peace she deserved, Shazia found heartache discovering her husband had taken up with another woman – apparently marrying her and having a baby. This plunged her life into a second ordeal of which she had had no foreboding. Her dreams of reunion, that strengthened her from the Kashmir Mountains to the streets of Kowloon, shipwrecked onto the rocks of betrayal. Instead of gaining her husband’s support, she suffered rejection. Imagine coming so far, through hardship and despair to witness the breakdown of your family! There’s something unreal about it. The boys hardly saw their father and together rallied in support of their beloved mother. Today these kids’ family and home have been smashed by a senseless act that nobody will ever understand. Human nature can still be as wild as ever it was! Words fail to describe the loss these three brothers suffered. Their mother was taken from them at an age when they needed her most. At least they still have each other and we hope they won’t be separated by social services. They’ve suffered enough.

Our members who didn’t know Shazia, referred to her as the ‘elegant Pakistani woman,’ despite her always wearing the same drab clothes. It was her stoic demeanor, her dignified comportment, that something-different-about-her that made her stand out as a person of profound strength. We once visited a doctor and she carried eight year-old Hadi without resting a moment, without yielding to fatigue as we waited endlessly for a rush hour taxi. She appeared unfazed by hardship she’d handled so much without ever yielding. She never complained or allowed the slightest sigh to betray irritation at her many burdens. Shazia projected a resoluteness that went beyond the ordinary, beyond what is expected of mothers in extraordinary circumstances. She was blessed with a character that inspired others to face adversity with unvanquished confidence – if she could do it, certainly others could too! We often spoke with admiration about her determination. She was a paragon of humanity for all who knew her, both refugees and citizens. Her sudden departure reminds us that the true value of a person is only felt in their absence. It shouldn’t have been this way for Shazia, not with three young sons whose precarious life depended entirely upon their mother. While her senseless death raises tough questions, it also elevates Shazia as a shining example of an indomitable spirit in adversity. There might be little good in a refugee’s life, but it’s how they bear themselves under physical and psychological pressure that makes them worthy of our respect. The challenge now is how to help these three kids …

1 September charity event at SOLAS – 6:30pm

Aug 18th, 2011 | Advocacy | Comment

It was a roaring success! Thank you for your support!