TNAG-1542-FCO40-2106-United-Nations-High-Commissioner-for-Refugees-(UNHCR)-Execut-1986 — Page 330

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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(a) Noted with deep concern that large numbers of refugees and asylum-seekers in different areas in the world are currently the subject of detention [or similar restrictive measures] [by reason of their illegal entry or presence in search of asylum] [pending regularisation of their status] Ipending resolution of their

situation];

(b)

Expressed the opinion that in view of the hardship which it necessarily involves, detention should normally be avoided and should be resorted to only on grounds prescribed by law [to verify identity,] [to establish the basis of the claim to refugee status or asylum) [or] to protect national security or public order, or where refugees ог asylum-seekers destroy their travel and/or identity documents or use fraudulent documents in order to mislead the authorities of the State in which they intend to claim asylum;

(c)

Stressed the importance for national legislation and/or administrative practice to make the necessary distinction between the situation of refugees and asylum-seekers, and that of other aliens;

(d)

Recommended that the legality of detention measures taken in respect of refugees and asylum-seekers should be subject to judicial or administrative review;

(e)

Recognized the importance of fair and expeditious procedures for determining refugee status

refugee status or granting asylum in protecting refugees and asylum-seekers from unjustified or unduly

prolonged detention;

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