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to be responsible for making decisions, the provisions for appeal against negative decisions, and the role of the Office of the United Nations High Commissioner for Refugees (UNHCR). We would appreciate it if you could provide us with the relevant information on these points. We would particularly like to know what criteria will be used in determining whether an asylum seeker is recognized as a refugee for resettlement in a third country.
We would like to take this opportunity to ask the authorities to ensure that the screening procedure takes account of the following points:
Asylum seekers should be given proper access to legal representation, either independently or under the auspices of UNHCR.
A lack of financial means should not prevent them from obtaining legal representation, and they should be given adequate time to discuss their case with their representative.
Each case should be decided on its own merits by an independent and impartial authority, free of diplomatic or political pressures.
Asylum seekers should be told the reasons for any negative decision in their case.
There should be adequate opportunity for asylum seekers to appeal for a review of a negative decision.
The decision-making authority should in particular take account of information regarding the risk of human rights violations which may be faced by asylum seekers who return to Viet Nam.
Such points are essential safeguards in any refugee determination procedure, to identify correctly those who would be at risk if sent to a country where they fear human rights violations, and to reduce to a minimum the risk of a wrong judgment being made. In recognition of this, these points have been
been included in Conclusions of the Executive Committee of UNHCR dealing with refugee-determination procedures.
On a related matter, we are pleased to note press reports that asylum seekers who are recognized as refugees for resettlement will be open camps. We would appreciate receiving details of the arrangements to be made on this point. In particular we would like to know whether the arrangements will apply only to those who arrived after 15 June 1988, or whether those who arrived before that date will also be moved to open camps. We would also like to know when transfers to open camps will take place.
We are sending a copy of this letter to Mr G.T. Barnes in the Hong Kong Government Secretariat and to Mr R.C.L. Footman in the Foreign and Comonwealth Office. We would appreciate your early response.
Yours sincerely
Larry Cox
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Deputy Secretary General
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