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It is proposed, in the near future, to introduce a formal letter of recognition to be issued to every Convention refugee upon confirmation of that status (this will bring the United Kingdom into conformity with Article 27 of the 1951 Convention). The amalgamation within the Home Office of alien and Commonwealth refugee matters and the possible nomenclature of the senior officials normally responsible for initial determination of status should lead to UNHCR accepting that a formal procedure for refugee determination has been established. Finally, the question of invariable access to an appeals structure in the event of a negative decision is being pursued; legislation will be required to cure this point and the appropriate occasion cannot yet be foreseen, but it is possible that temporary alternatives can be found eg seeking an advisory opinion of the immigration appellate body or, preferably, automatic submission of case- papers to Ministers. As matters stand, however, whether or not an appeal is available, non-refoulement in all potential cases is the rule until they are decided one way or the other.
At the same time as these matters have been under consideration, HMG have under consideration two papers, prepared by the UNHCR's representative in London and his legal adviser, on revision of existing procedures and the incorporation of the Convention provisions into domestic
law. Considerations in the first category include the question whether, since non-patrial Commonwealth citizens are subject to the provisions of the 1971 Immigration Act, it is proper to exclude appropriate cases in general from the provisions of the Convention. The matter is likely to be determined in the near future. The proposals of the local UNHCR representa- tive go much wider than the Executive Committee recommendations and, although they do not require legislation, can be seen to have far-reaching effects on the responsibility of the Home Secretary under the Immigration Act 1971. Discussions have taken place with UNHCR's legal adviser in London and it is anticipated that action proposed as a result of the paper will be discussed with representatives of interested voluntary organisations.
Draft Convention on Territorial Asylum
IIMG share the concern of UNHCR in respect to questions of international protection of refugees particularly in regard to the grant of asylum and the principle of non-refoulement. As to asylum, we noted with regret that the meeting of plenipotentiaries to discuss a draft Convention on Territorial Asylum (Geneva: 10 January to 4 February 1977), in which the UK participated, resulted in no firm globally acceptable improvement in this field. We believe, however, and this is generally accepted among WEOG countries, that there would be no useful purpose to be served in reconvening the Conference at an early date given the divergent views of those States represented at the Plenipotentiary Conference.
While we
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