}
ANNEX. B.
date? 21st June
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UNHCR official backs screening procedures
By FIONA MACMAHON HONGKONG'S controver- sial Vietnamese screening policy yesterday received backing from a senior Unit- ed Nations High Commis- sioner for Refugees (UNHCR) official.
The deputy-director of the UNHCR's Refugee Law and Doctrine Division, Mr Dennis McNamara, said after a four-day visit to Hongkong to review the pro- cess, that he was encouraged by recent figures which ap- peared to indicate there was a more "liberal application of criteria".
"I think this is a serious effort to make it work.”
Earlier this year, Amnes- ty International published a detailed report on Hong- kong's screening process, ar- guing that it was seriously flawed.
The policy has also been harshly criticised by interna- tional legal and concern groups and there is currently a judicial review pending in the High Court.
Mr McNamara's endor- sement of Hongkong's poli- cy is the first favourable re- sponse the UNHCR has given publicly.
"Generally, the indica- tions are that the criteria in screening are being applied in the way we would like to see them applied, în a hu- "manitarian Spirit,” he said.
"I think the realisation,
in general in the region and in Hongkong in particular, is that screening is the key and without that nothing fol- lows. Without a fair and proper screening process one can't decide who should be resettled and who should be sent back,” he said..
Mr McNamara added that the figures still needed to be monitored closely but the process looked encour- aging.
Since the Government began screening in June 1988, 1,423 Vietnamese have been screened in as genuine refugees and more than 12,000 have been screened out.
Of those screened out, 747 have had the decision overturned by the Refugee Status Review Board.
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But the figures that pleased Mr McNamara were those showing an increase recently in those screened in by the Immigration Depart- ment, who carry out the ini- tial interviews, and the de- crease in decisions over- turned by the review board. "The board should be the safety net.'
He said in the first in- stance, apart from family re- unification cases, about 10 per cent were now being screened in, and at the ap- peals stage, decisions over- turned had dropped to about four per cent.
As an added safety net to
ensure no refugees are missed, the UNHCR has the right to apply its mandate and declare someone a refu- gee even if he or she has been screened out at both stages by the Government.
Ultimately, he said, if the system was working proper- ly, the UNHCR should only have to use its mandate in exceptional circumstances.
So far the UNHCR has used the mandate to screen in about 100 people (40 cases) and it is looking at about 300 more cases.
Mr McNamara said the screening process had im- proved because of collabora- tion between the UNHCR and the Immigration De- partment.
He added that training sessions organised by the UNHCR had proved useful and both sides wanted to hold more.
The Government has also agreed that decisions by. the review board should be given in writing, that the UNHCR can be present dur- ing re-interviews and that transcripts of cases be shared.
He said all these moves indicated a willingness to se- riously improve the system.
But he said there were still some problems, particu- larly over interpretation of the application of the refu- gee criteria.
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