TNAG-1798-FCO40-2558-Hong-Kong-Vietnamese-refugees-repatriation--including-Opera-1988 — Page 33

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11277

MDHIAN 750

WHY PERSON WHO ARE CLEARLY ECONOMIC MIGRANTS SHOULD BE GIVEN

REFUGEE STATUS.

5. THE ALLEGATION THAT WE HAVE SET A QUOTE OF 10 PERCENT FOR PERSONS TO BE SCREENED IN AS REFUGEES IS INCORRECT AND SHOULD BE REJECTED. THE UNHCR HAS FULL ACCESS TO THE SCREENING PROCESS AND HAS COPIES OF ALL THE FILES ON THE SCREENED-OUT ASYLUM SEEKERS. THERE HAVE LODGED NO OBJECTIONS IN THIS RESPECT.

6.

SPECIFIC REASONS FOR THE DENIAL OF REFUGEE STATUS HAVE BEEN GIVEN IN ALL CASES WHERE REFUGEE STATUS WAS CLAIMED ON THE GROUND OF A WELL FOUNDED FEAR OF PERSECUTION. ONLY, THOSE WHO STATED THAT THEY HAD COME TO HONG KONG FOR ECONOMIC REASONS WERE NOT GIVEN SPECIFIC REASONS FOR DENIAL OF REFUGEE STATUS. THESE DETAILS ARE FULLY RECORDED IN CASE FILES WHICH ARE AVAILABLE TO THE UNHCR AND ITS LEGAL ADVISERS.

7. THE UNHCR IS FULLY AWARE OF THE RIGHT OF JUDICIAL REVIEW. IF UNHCR OR ITS LAWYERS CONSIDER THAT THERE HAS BEEN PROCEDURAL IRREGULARITY, THEY CAN INITIATE JUDICIAL REVIEW PROCEEDINGS. VBPS WHO ARE DENIED REFUGEE STATUS ARE NOT DEPRIVED OF THE RIGHT OF JUDICIAL REVIEW SINCE THEIR CASES WILL BE REVIEWED BY UNHCR BEFORE THEIR OBJECTIONS ARE CONSIDERED.

8.

WE ARE AT PRESENT COMMITTED TO RESPECT FAMILY UNITY AND TO ACCORD PRIORITY TO THE SCREENING OF UNACCOMPANIED MINORS IN FAMILY REUNIFICATION CASES OF WHICH WE BECOME AWARE OR ARE BROUGHT TO OUR ATTENTION.

REPATRIATION

9.

THE EVENTUAL REPATRIATION OF ALL VBPS WHO HAVE BEEN DETERMINED NOT TO BE REFUGEES IS CENTRAL TO OUR DETERRENT POLICY. WE HAVE AGREED WITH THE SVR GOVERNMENT THAT WE SHOULD INITIALLY CONCENTRATE ON THE RETURN OF THE VOLUNTEERS, BUT THE SENSITIVE ISSUE OF THE INVOLUNTARY RETURN OF NON REFUGEES MUST EVENTUALL BE ADDRESSED. NOW THAT THE MEMORANDUM OF UNDERSTANDING BETWEEN THE UNHCR AND THE SRV GOVERNMENT ON VOLUNTARY REPATRIATION WITH ALL THE NECESSARY SAFEGUARDS IS IN PLACE, IT SHOULD BE POSSIBLE TO MAKE EARLY PROGRESS ON THE DETAILED REPATRIATION ARRANGEMENTS.

10.

THE RECOMMENDATION THAT TEMPORARY REFUGEE STATUS SHOULD BE GIVEN TO THOSE WHO LACK THE PROTECTION OF THE SRV AND FACE

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