HC Deb 19 June 1990 vol 174 cc496-7W
Mr. Janner

To ask the Secretary of State for Foreign and Commonwealth Affairs what are the status determination procedures used to decide whether or not Vietnamese refugees in Hong Kong shall be returned to Vietnam; and how many and what percentage of people submitted to such procedures have been(a) screened in as refugees and permitted to stay and (b) screened out, so that they must return to Vietnam.

Mr. Waldegrave

Hong Kong's status determination procedures were designed, in conjunction with UNHCR, to apply the criteria of the 1951 convention and the 1967 protocol relating to the status of refugees as follows:

  1. (a) all new arrivals are briefed on the screening process on arrival in Hong Kong;
  2. (b) under the Statement of Understanding between the UNHCR and the Hong Kong Government, the UNHCR accepts responsibility for providing legal advice and assistance to asylum seekers at all stages of the screening and review procedure. UNHCR has unrestricted access to the asylum seekers for this purpose;
  3. (c) asylum seekers are interviewed by immigration department staff to record their personal data and their claim to refugee status. The interviews follow a questionaire designed in agreement with UNHCR. Interpreters are provided by the Hong Kong Government. Legal counsellors of the UNHCR have unrestricted access to all screening interviews;
  4. (d) the first instance decision on the claim to refugee status is notified to all persons after screening. If refugee status is granted, the person concerned is moved immediately to a refugee camp to await resettlement. If refugee status is not granted, the person concerned is advised that he or she has a right to seek review of the decision;
  5. (e) at the same time as the asylum seeker is notified of the first instance decision, a copy of the immigration department file, including a record of the interview and the reasons for the decision, is given to the UNHCR, with a separate copy to the legal consultants who on behalf of the UNHCR will assist asylum seekers in applying for a review of the decision. An asylum seeker must apply for review to the refugee status review board within 28 days of being notified of the first instance decision;
  6. (f) the refugee status review board is headed by a former judge, and comprises four panels of two members each, drawn from both the civil service and the community at large. Their task is to review the facts of the case and the immigration department's decision, in the light of the asylum seeker's claim as recorded at the original interview, and any further representations made to the review board. The board may, where it considers it necessary, interview either the asylum seeker or the immigration officer conducting the interview;
  7. (g) the decision of the review board on the application for review is notified to the asylum seeker as soon as possible after it is made.

As at 11 June 1990, the director of immigration had completed screening for 13,647 people, of whom 1,460 were screened in (10.7 per cent.) and 12,187 screened out (89.3 per cent.). The RSRB has considered 9,872 cases. The director of immigration's decision was upheld in 9,026 cases and overturned in 846. This gives an overall post-appeal total of 2,306 screened in (16.9 per cent.).