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077777
MDHIAN 1900
FOR CHANGE OR ADVENTURE, OR BY FAMILY OR OTHER REASONS OF A PERSONAL NATURE. IF HE IS MOVED EXCLUSIVELY BY ECONOMIC CONSIDERATIONS, HE IS AN ECONOMIC MIGRANT AND NOT A REFUGEE. THE UNHCR GUIDELINES ALSO RULE OUT VICTIMS OF FAMINE OR NATURAL DISASTER UNLESS THEY ALSO HAVE WELL-FOUNDED FEAR OF PERSECUTION. IMMIGRATION DEPARTMENT WILL CONDUCT THE SCREENING IN ACCORDANCE WITH THE GUIDELINES CONTAINED IN
THE HANDBOOK.
RIGHT OF APPEAL
5. IF, ON SCREENING, A VII IS CONSIDERED NOT TO BE A GENUINE REFUGEE, HE WILL BE NOTIFIED OF THE DECISION BY THE DIRECTOR OF IMMIGRATION (D OF I). UNDER SECTION 53 OF THE IMMIGRATION ORDINANCE,
ANY PERSON AGGRIEVED BY A DECISION OF THE D OF I MAY APPEAL TO THE
THIS APPEALS PROCEDURE WILL APPLY TO VIIS.
THE UNHCR ALTHOUGH NOT SO FAR CONSULTED ON THE DETAILED PROCEDURES, WOULD PROBABLY ACCEPT OUR PROPOSED APPEALS MECHANISM PROVIDED THEY COULD MAKE REPRESENTATIONS ON THE APPELANT'S BEHALF AT THIS STAGE.
GOVERNOR-IN-COUNCIL.
6.
TO CARRY OUT FULLY THE UNHCR GUIDELINES, IT WILL BE NECESSARY TO ASSESS WHETHER ANYONE WILL AT THE TIME OF REPATRIATION HAVE SUBSEQUENTLY BECOME ELIGIBLE AS A REFUGEE UNDER THE INTERNATIONALLY ACCEPTED DEFINITION DUE TO CHANGE OF CIRCUMSTANCES IN VIETNAM.
LEGAL ADVICE
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THE ATTORNEY GENERAL'S CHAMBERS HAVE ADVISED THAT SECTION 53 OF IMMIGRATION ORDINANCE (CAP. 115) IS AN APPROPRIATE PROCEDURE
FOR REVIEWING THE DECISION REACHED FOLLOWING SCREENING AS TO THE STATUS OF VIETNAMESE ARRIVAL. IT WOULD BE OPEN TO THE GOVERNOR -IN-COUNCIL TO ESTABLISH A COMMITTEE OF THE EXECUTIVE COUNCIL UNDER THE ADMINISTRATIVE APPEALS RULES OF THE INTERPRETATION AND GENERAL CLAUSES ORDINANCE (CAP. 1) TO DEAL WITH SUCH CASES.
FINANCIAL AND STAFFING IMPLICATIONS
8. ADDITIONAL STAFF FOR SCREENING AND HANDLING APPEALS WILL BE
REQUIRED. THE DETAILED ESTIMATES ARE STILL BEING WORKED OUT.
CONSULTATION
9. THE UNHCR HAVE BEEN BRIEFED IN STRICT CONFIDENCE ON THE POSSIBLE INTRODUCTION OF SCREENING PROCEDURES FOR VIETNAMESE BOAT PEOPLE.
THEY WILL NEED FURTHER DETAILED BRIEFING AND CONSULTATION ON THE
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