ENG-1989 — Page 406

POPULATION AND IMMIGRATION

VBP are first interviewed by an Immigration Assistant to collect personal data. Once this information has been recorded (on a questionnaire agreed with the UNHCR), an Immigration Officer interviews the new arrivals, records their claim to refugee status and makes an initial decision on their status. This decision is reviewed by a Senior Immigra- tion Officer before the applicant is notified of the result. In complex cases where the Immigration Officer is unable to make a decision, the applicant may be re-interviewed and the decision made by a Senior Immigration Officer. In such cases, a Principal Immigration Officer will review the decision before the applicant is notified of it.

Interpreters for the interviews are provided by the Hong Kong Government. The UNHCR has a right of access to any screening interview and their officers may offer advice or comment at any stage.

A notice of determination explaining the decision on the claim to refugee status is given to all persons after screening. If screened-in as a refugee, the applicant is immediately moved to a refugee camp to await resettlement. If screened-out as a non-refugee, the applicant is advised that he/she has a right to review.

If screened-out applicants wish to exercise their right of review, they must submit their cases to the Refugee Status Review Board within 28 days of receiving the notice of determination. On the same day that the status determination decision is made known to the applicants a copy of the complete Immigration Department file is given to the legal consultants operating under the auspices of the UNHCR who will assist appellants in the preparation of their appeals. A further copy of the file is given to the UNHCR to aid them in performing their protection role.

The Refugee Status Review Board is headed by an ex-judge and comprises four panels of two members, drawn from the Civil Service and members of the community. Their task is to review the facts of the case and the Immigration Department's decision. Once the board reaches its decision on the application for review, the appellant is informed of the result by officers from the department.

The UNHCR has played a major role in the development of the screening and appeals procedures in Hong Kong. UNHCR's involvement in the operation of the procedures takes the following forms:

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unlimited access to the pre-screening data collection interviews;

unlimited access to all screening interviews;

the right to bring cases of particular concern to the attention of the Hong Kong Government;

when the first instance decision is made known to the applicant a copy of the complete Immigration Department case file is given to UNHCR;

using the case file UNHCR will be able to make special representation on behalf of the applicant in cases of particular concern to them;

representatives of UNHCR meet with the chairman and members of the independent Review Board each week to discuss cases of particular concern.

UNHCR are informed of the decision of the Refugee Status Review Board at the same time as the appellants and they are encouraged to start their repatriation counselling work immediately. UNHCR counselling teams and other officials have full access to the non- refugees.

Screening procedures have been completed for 7 897 people in 1989, of whom 587 have been screened-in as refugees and 7 310 have been screened-out. This represents a rate of 7.4 per cent positive first instance decisions. At the appeal stage the position is that in 135 cases

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