TNAG-1800-FCO40-2560-Hong-Kong-Vietnamese-refugees-principle-of-first-asylum-1988 — Page 123

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12. While clearly the caseload contains a non-refugee element, overall,

NHCR's assessment is that a large majority of the asylum seekers do have a genuine claim to refugee status. The reasons for departures are multiple, complex and often deceptive. The predominence of the youth with no visible links to pre-1975 events, for example, may raise questions about the bona fide of their claims to refugee status. However, UNHCR's field experience suggests that motives of their departure must be set off against each family history which may reveal the legitimacy of the case.

13. Against such background, UNHCR believes that the only way to determine the validity of claims, in an equitable and unequivocal manner, is through a refugee eligibility screening mechanism.

V. Temporary asylum

14. International responsibilities of states aside, the above evidence indicates that the denial of temporary asylum, predicated on non-refugee character of the caseload, can not be sustained. The grant of temporary asylum is the kingpin of the structures which were created to deal with the humanitarian problems in the region. These problems, passed on by decades of turmoil, continue to require a principled and compassionate response. By reasons of geography and their attachment to ideas of liberty and respect for humanitarian norms, the ASEAN countries (and Hong Kong) have so far assumed a pivotal role as countries of first asylum. UNHCR strongly hopes to see this tradition maintained, as the Office develops its response to problems and frustrations caused by the continuing outflow and the imperfections of resettlement. The following paragraphs give a brief account of the state of consultations on the new approach to the humanitarian problems.

VI.

The state of consultations with respect to longer term solutions.

15. Why a move to explore alternatives was needed? It is true, as has already

been emphasized, that the arrangements agreed upon in 1979 conference have, by

and large worked to this date. UNHCR, however, has been keenly aware that the

undertakings made in 1979 could not be regarded as open-ended and that the

institutionalized large scale resettlement could contribute to abusive claim.

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