TNAG-1796-FCO40-2556-Hong-Kong-Vietnamese-refugees-repatriation--including-Opera-1988 — Page 242

SECRET

FM FCO

нко 24318-

TO IMMEDIATE HONG KONG

TELNO 1439

OF 03160OZ JUNE 88

AND TO IMMEDIATE UKMIS GENEVA

SECRET

S FA243/3931

PA

691

100755 MDHOAN 7405

TOP COPY Q DIST?

232.

YOUR TELNO 2158: VIETNAMESE BOAT PEOPLE: OPERATION WATCHMAN 1. PARA 2 OF TUR: WE HAVE OBTAINED FROM THE HOME OFFICE THE FOLLOWING OUTLINE OF CRITERIA APPLIED IN CONSIDERING GRANTING ASYLUM OR EXCEPTIONAL LEAVE TO REMAIN TO THOSE ARRIVING AT PORTS

IN THE UK.

2. ASYLUM: THE AUTHORITIES LOOK FIRST AT WHETHER AN APPLICANT QUALIFIES FOR REFUGEE STATUS. DECISIONS ARE TAKEN ON THE

INDIVIDUAL MERITS OF EACH CASE JUDGED AGAINST THE CRITERION

ESTABLISHED IN THE UN CONVENTION: WHETHER THERE IS A WELL-FOUNDED FEAR OF PERSECUTION ON GROUNDS OF RACE, RELIGION, NATIONALITY, MEMBERSHIP OF A PARTICULAR SOCIAL GROUP OR POLITICAL OPINION. SUCH DECISIONS INEVITABLY HAVE A NUMBER OF DIFFERENT ELEMENTS BUT AMONGST THE MOST IMPORTANT ARE ON THE ONE HAND THE INFORMATION WE HAVE AVAILABLE ABOUT CONDITIONS IN THE COUNTRY IN WHICH A FEAR OF PERSECUTION IS CLAIMED AND, ON THE OTHER, THE INFORMATION WHICH THE INDIVIDUAL IS ABLE TO GIVE ABOUT HIS OWN CIRCUMSTANCES

COVERING PAST EXPERIENCES IN THAT COUNTRY AND THE RISKS HE MIGHT

FACE IF RETURNED THERE.

-

3. KNOWLEDGE ABOUT CONDITIONS IN THE COUNTRY CONCERNED IS CLEARLY VERY IMPORTANT. FOR EXAMPLE, KNOWING THAT BAHAIS ARE SYSTEMATICALLY ILL-TREATED AND DEPRIVED OF RIGHTS BY THE

IRANIAN GOVERNMENT - WHO VIEW THEM AS HERETICS MEANS THAT MANY

BAHAIS IN THIS COUNTRY HAVE BEEN ABLE TO MAKE OUT A CASE FOR REFUGEE STATUS. A DIFFERENT EXAMPLE IS GIVEN BY THE POSITION OF TAMILS IN SRI LANKA, WHERE THERE HAS BEEN CONSIDERABLE DISORDER. IN THAT CASE, ALTHOUGH LIFE MAY WELL HAVE BEEN UNPLEASANT FOR THEM, TAMILS ARE NOT LIABLE TO PERSECUTION PER SE.

4. THE COURTS HAVE BEEN INVOLVED IN A NUMBER OF TAMIL CASES AND ARGUMENT HAS CENTRED ON THE MEANING OF A WELL-FOUNDED FEAR OF PERSECUTION'. THE CASE OF SIVAKUMARAN, DECIDED BY THE HOUSE OF LORDS LAST DECEMBER, HAS ESTABLISHED THAT THE FEAR MUST BE OBJECTIVELY JUSTIFIED BY CONDITIONS IN THE APPLICANT'S COUNTRY

AND THERE MUST BE A 'REAL AND SUBSTANTIAL RISK' OF PERSECUTION

FOR ONE OF THE REASONS SET OUT IN THE CONVENTION.

-

5.

EXCEPTIONAL LEAVE: IT DOES NOT FOLLOW THAT IF AN APPLICANT

DOES NOT QUALIFY FOR REFUGEE STATUS AND HAS NO OTHER CLAIM TO

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