CONFIDENTIAL
037102
MDHOAN 3567
WORK ARE OFTEN RELUCTANT TO REFUSE AN APPLICATION AND IF, AS I ANTICIPATE, HONG KONG WISH TO APPLY STRICT 1951 CONVENTION CRITERIA, THE INVOLVEMENT OF SUCH AGENCIES WILL PRECLUDE THEM FROM DOING SO.
(V) RECOURSE TO THE COURTS.
I AM NOT SURE WHETHER HONG KONG INTEND THAT COR HAVE ANY
INFLUENCE OVER WHETHER) THEIR SCREENING DECISIONS WILL BE REVIEWABLE BY THE COURTS. IF SO, THEY WILL CERTAINLY BE FACED BY JUDICIAL INTERVENTION. UK EXPERIENCE HAS DEMONSTRATED THAT
GOOD AND COMMITTED LEGAL REPRESENTATIVES OF ASYLUM APPLICANTS
QUICKLY BECOME ADEPT AT MAKING FULL USE OF ALL THE CHANNELS
AVAILABLE TO PREVENT THEIR CLIENTS BEING RETURNED.
THIS ALL SOUNDS VERY NEGATIVE AND IS INTENDED TO BE SUCH. WE
SIMPLY DO NOT BELIEVE THAT THERE IS SUCH AN ANIMAL AS A QUICK AND
EFFECTIVE SYSTEM OF APPEALS AND THAT SIMPLY BY EMBARKING ON THE ESTABLISHMENT OF AN APPEAL SYSTEM, HONG KONG WILL END UP WITH A BUREAUCRATIC AND LEGALISTIC SYSTEM. THE ONE POSSIBILITY WHICH OFFERS SOME HOPE IS THAT OF TREATING APPLICATIONS AS QUOTE CLEARLY ABUSIVE UNQUOTE AND QUOTE MANIFESTLY ILL-FOUNDED UNQUOTE WHICH, UNDER UNHCR RULES (SEE PAGES 17, 68 AND 69 OF THE ATTACHED UNHCR DOCUMENT), JUSTIFY ABBREVIATED PROCEDURES. YOU MAY ALSO LIKE TO SEE THE UNHCR HANDBOOK WHICH IS ALSO ENCLOSED. FINALLY,
I WOULD ADVISE AGAINST TOO MUCH HASTE IN SETTING UP ANY APPEAL SYSTEM. ONCE ANY SYSTEM IS UP AND RUNNING IT TAKES ON ITS OWN IMPETUS AND IT IS WELL NIGH IMPOSSIBLE TO STOP AND TAKE STOCK.
THE LONG-TERM DISADVANTAGES OF ANY UNWIELDY SYSTEM COULD BE ENORMOUS AND OTHER COUNTRIES HAVE ALREADY FOUND TO THEIR COST THAT IF ASYLUM APPLICANTS CAN PLAY A SYSTEM TO EXTEND THEIR STAY IN A COUNTRY THIS, IN ITSELF, ACTS AS A PULL-FACTOR RATHER THAN A DETERRENT. END
3. A COPY OF THE FULL LETTER AND THE DOCUMENTS REFERRED TO FOLLOW BY BAG.
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CONFIDENTIAL
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