TNAG-2668-FCO40-3865-Hong-Kong-Civil-Service-1993 — Page 81

•KNIGHT & HO

SOLICITORS

to

as

as

The mother and brother of the 2nd Applicant have testified the visits of public security officials after the "home visit",

well

to a follow

visit up

by

of one

the

interpreters. If one assumes that

Business in the Central district of the Capital City of a communist state, the public officials would be aware of the movements of foreign Embassy staff, especially of those who pay visits to the private homes of seemingly ordinary Vietnamese nationals, then this would perhaps Would explain the visit by the officials. Did Mr. Ho go by car? an Embassy car outside 20 Nha Chung Road be noticeable?

The Applicants themselves have testified to a heightened apprehension of problems for them in Vietnam and

a fear for the

situation

their relatives. We ask ourselves, are more home visits to relatives of the Applicants taking place even now?

In our view the above matters raise the question whether an applicant for judicial review should expect that it will generate a home visit to overseas relatives? If so, we ask, would any asylum seeker who has a well founded fear of persecution ever dare to bring an application for judicial review, in case it led to problems for his relatives left in the country from which he escaped? Would any asylum seeker who has a well founded fear of persecution ever dare to make a full and frank application for

if asylum

it involved naming relatives

the who might become subject of a home visit and be endangered as a result?

our

We are concerned at the role played by the British Embassy in Hanoi in this matter as it affects our clients. We are seriously concerned for the position of our own clients and their relatives. Whatever

of have been the refugee status may clients before the "home visit", it is clear that the British Embassy home visit has placed the relatives in Hanoi under special scrutiny by

officials. scrutiny by the Vietnamese

It has alerted them to their connections to our clients in Hong Kong. It has put them in an embarrassing and possibly dangerous situation. They may now feel they need to seek the protection of the British Embassy.

Our clients, for their part, have heightened concerns for their own position should they be returned to Vietnam. We feel that the British Embassy in Hanoi has assumed a responsibility in this matter by its actions.