Identifier
Created
Classification
Origin
00STATE229648
2000-12-04 17:23:00
UNCLASSIFIED
Secretary of State
Cable title:  

REFUGEE PROCESSING: EMBASSY REFERRALS

Tags:  PREF CVIS KSEP PHUM 
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R 041723Z DEC 00
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS
SPECIAL EMBASSY PROGRAM
AMEMBASSY BELGRADE 
AMEMBASSY DUSHANBE 
AMEMBASSY FREETOWN 
USOFFICE PRISTINA
UNCLAS STATE 229648 

SIPDIS

FOR REFCOORD

UNCLASSIFIED

PAGE 02 STATE 229648 041725Z
E.O. 12958: N/A
TAGS: PREF CVIS KSEP PHUM
SUBJECT: REFUGEE PROCESSING: EMBASSY REFERRALS

REF: STATE 215078

UNCLAS STATE 229648

SIPDIS

FOR REFCOORD

UNCLASSIFIED

PAGE 02 STATE 229648 041725Z
E.O. 12958: N/A
TAGS: PREF CVIS KSEP PHUM
SUBJECT: REFUGEE PROCESSING: EMBASSY REFERRALS

REF: STATE 215078


1. THIS MESSAGE HAS BEEN CLEARED BY M/P (SEP).


2. SUMMARY. THIS CABLE REMINDS POSTS THAT THEY ARE
AUTHORIZED TO IDENTIFY AND REFER APPLICANTS FOR POSSIBLE
REFUGEE RESETTLEMENT IN THE U.S. IT ALSO PROVIDES GUIDANCE
ON WHICH REFUGEES MIGHT BE CONSIDERED FOR REFERRAL TO THE
ADMISSIONS PROGRAM. END SUMMARY.


3. INDIVIDUALS OF ANY REPEAT ANY NATIONALITY MAY BE
PROCESSED AS PRIORITY ONE EMBASSY REFERRALS, WITH FEW
EXCEPTIONS, WITHOUT REFERENCE TO WASHINGTON. THOSE FEW
EXCEPTIONS INCLUDE PALESTINIANS, NORTH KOREANS, AND
LIBYANS, FOR WHOM THE BUREAU OF POPULATION, REFUGEES, AND
MIGRATION (PRM) AND THE OFFICE OF INTERNATIONAL AFFAIRS AT
INS HQ WILL NEED TO CONTINUE TO AUTHORIZE PROCESSING IN
ADVANCE. IN ADDITION, POSTS WITH IN-COUNTRY PROGRAMS
(FORMER SOVIET UNION, VIETNAM, CUBA) MUST SEEK PRM
GUIDANCE BEFORE REFERRING NATIONALS OF THE HOST COUNTRY.


4. PRIORITY ONE IS DEFINED AS:

A) UNHCR-REFERRED OR EMBASSY-IDENTIFIED REFUGEES WHO ARE
FACING COMPELLING SECURITY CONCERNS IN COUNTRIES OF FIRST
ASYLUM, IN NEED OF LEGAL PROTECTION BECAUSE OF DANGERS OF
REFOULEMENT, OR WHO ARE IN DANGER DUE TO THREATS OF ARMED
ATTACK IN AREAS WHERE THEY ARE LOCATED, AND FORMER
POLITICAL PRISONERS.

B) UNHCR-REFERRED OR EMBASSY-IDENTIFIED REFUGEES,
INCLUDING REFUGEE WOMEN-AT-RISK, VICTIMS OF TORTURE OR
VIOLENCE, PHYSICALLY OR MENTALLY DISABLED AND PERSONS IN
URGENT NEED OF MEDICAL TREATMENT NOT AVAILABLE IN THE
COUNTRY OF FIRST ASYLUM.

C) UNHCR-REFERRED OR EMBASSY-IDENTIFIED REFUGEES, FOR
WHOM OTHER DURABLE SOLUTIONS ARE NOT FEASIBLE AND WHOSE
STATUS IN THE PLACE OF ASYLUM DOES NOT PRESENT A
SATISFACTORY LONG-TERM SOLUTION.


5. A REFUGEE IS DEFINED UNDER U.S. LAW, INA SEC
101(A)(42),AS A PERSON WHO IS OUTSIDE HIS/HER COUNTRY OF
ORIGIN AND IS UNABLE OR UNWILLING TO RETURN DUE TO
PERSECUTION OR A WELL-FOUNDED FEAR OF PERSECUTION ON
ACCOUNT OF RACE, RELIGION, NATIONALITY, MEMBERSHIP IN A
PARTICULAR SOCIAL GROUP OR POLITICAL OPINION. IN
ADDITION, A PERSON WHO HAS BEEN FORCED TO ABORT A
PREGNANCY OR TO UNDERGO INVOLUNTARY STERILIZATION, OR WHO
HAS BEEN PERSECUTED FOR FAILURE OR REFUSAL TO UNDERGO SUCH
A PROCEDURE OR FOR OTHER RESISTANCE TO A COERCIVE
POPULATION CONTROL PROGRAM SHALL BE DEEMED TO MEET THIS

DEFINITION. PERSONS WHO ORDERED, INCITED, ASSISTED OR
OTHERWISE PARTICIPATED IN THE PERSECUTION OF ANY OTHER
PERSONS ON ACCOUNT OF THE SAME FIVE GROUNDS ARE EXCLUDED
FROM THE DEFINITION.


6. WHILE INS HAS THE STATUTORY RESPONSIBILITY TO
DETERMINE WHETHER AN INDIVIDUAL MEETS THE DEFINITION OF A
REFUGEE, EMBASSY-REFERRED CASES SHOULD BE CAREFULLY
SCREENED TO ENSURE THAT THE PERSON HAS A PRIMA FACIE
REFUGEE CLAIM. A P-1 REFERRAL PROVIDES A POTENTIAL REFUGEE
APPLICANT ACCESS TO U.S. RESETTLEMENT CONSIDERATION BUT
DOES NOT GUARANTEE HIS OR HER ACCEPTANCE.


7. THE DEPARTMENT WISHES TO ENSURE THAT THERE IS ADEQUATE
ACCESS TO THE U.S. REFUGEE ADMISSIONS PROGRAM WORLDWIDE
FOR DESERVING REFUGEES IN NEED OF THIRD COUNTRY
RESETTLEMENT REGARDLESS OF NATIONALITY OR FAMILY TIES TO
THE UNITED STATES. WHILE WE DO NOT WANT TO OVERBURDEN
EMBASSIES, WE HOPE EMBASSY STAFF INDIVIDUALLY RECOMMEND
THOSE REFUGEES WHO ARE KNOWN TO THEM AND MAY BE AT RISK IN
THE COUNTRY OF FIRST ASYLUM OR OF BEING RETURNED TO A
COUNTRY WHERE THEY WOULD FACE PERSECUTION.


8. IN MOST INSTANCES, PRIORITY ONE CASES WILL COME TO THE
ATTENTION OF THE U.S. PROGRAM THROUGH REFERRALS FROM
UNHCR. PRM HAS BEEN WORKING WITH UNHCR GENEVA AND MANY OF
ITS FIELD OFFICES TO IMPROVE THE TRAINING UNHCR STAFF
RECEIVE IN THE AREA OF IDENTIFYING CASES IN NEED OF THIRD
COUNTRY RESETTLEMENT. POSTS SHOULD REFER TO CURRENT
REFUGEE ADMISSIONS PROCESSING GUIDELINES (STATE 215078)
FOR GUIDANCE IN HANDLING UNHCR REFERRALS.


9. EMBASSIES, AS WELL AS UNHCR, ARE ALSO AUTHORIZED UNDER
PRIORITY ONE TO REFER CASES FOR REFUGEE ADMISSIONS
PROCESSING. SOME QUESTIONS HAVE BEEN RAISED REGARDING WHAT
EXACTLY IS INTENDED BY "EMBASSY-REFERRED" CASES. THE
FOLLOWING IS INTENDED AS GUIDANCE TO POSTS ON THIS ISSUE.


10. CASES MOST LIKELY TO BE REFERRED FOR PROCESSING BY AN
EMBASSY WOULD INVOLVE FORMER FSNS OR HIGH PROFILE
INDIVIDUALS WHO ARE KNOWN TO THE EMBASSY, HAVE FLED THEIR
HOME COUNTRIES, ARE UNABLE TO RETURN HOME DUE TO FEAR OF
PERSECUTION, AND DUE TO SECURITY OR OTHER SERIOUS ISSUES
IN THE COUNTRY OF ASYLUM MAY BE IN NEED OF THIRD COUNTRY
RESETTLEMENT. AN EMBASSY MAY CHOOSE TO CONSULT WITH THE
DEPARTMENT, OTHER INVOLVED POSTS (SUCH AS IN THE COUNTRY
OF ORIGIN) OR UNHCR. ANY SUCH COMMUNICATION SHOULD BE
HANDLED WITH UTMOST DISCRETION. VIOLATING THE
CONFIDENTIALITY OF THE INDIVIDUAL'S STATEMENTS AND/OR

SIPDIS
IDENTITY COULD COMPROMISE THE INDIVIDUAL'S SAFETY AND THAT
OF FAMILY MEMBERS IN THE COUNTRY OF ORIGIN. THE CASE MAY
ULTIMATELY BE DETERMINED BY UNHCR FOR A LOCAL SOLUTION OR
REFERRAL TO THE U.S. OR OTHER COUNTRY FOR THIRD COUNTRY
RESETTLEMENT.


11. IT IS ALSO POSSIBLE THAT AN NGO WORKING IN THE
REFUGEE'S COUNTRY OF ASYLUM MAY RAISE A DESERVING CASE
WITH AN EMBASSY. WHILE THE NORMAL PROCEDURE WOULD BE TO
REFER THE CASE TO UNHCR OR THE HOST COUNTRY IF THE
INDIVIDUAL REFUGEE IS NOT KNOWN TO THE EMBASSY, THERE MAY
BE SITUATIONS WHERE A UNHCR OFFICE IS UNABLE TO ADDRESS
ADEQUATELY AN INDIVIDUAL CASE. SHOULD THE NGO BE
UNSUCCESSFUL IN OBTAINING THE NECESSARY ATTENTION FROM
UNHCR, POSTS ARE FREE TO CONSIDER WHETHER OR NOT TO REFER
THE CASE AS AN EMBASSY-REFERRAL TO THE U.S. REFUGEE
ADMISSIONS PROGRAM. ALL POSTS SHOULD DESIGNATE AN OFFICER
OR ESTABLISH A COMMITTEE RESPONSIBLE FOR VETTING POTENTIAL
EMBASSY REFERRALS.



12. WHILE THE SOLUTION FOR MOST REFUGEES IS TO REMAIN IN
THE COUNTRY OF FIRST ASYLUM UNTIL REPATRIATION IS POSSIBLE,
EMBASSIES ARE ENCOURAGED TO CONSULT WITH UNHCR SHOULD THEY
HAVE QUESTIONS ABOUT THE CIRCUMSTANCES OF REFUGEE
POPULATIONS, INCLUDING THE APPROPRIATENESS OF U.S. REFUGEE
ADMISSIONS PROCESSING FOR SPECIFIC INDIVIDUALS. IT IS NOT,
HOWEVER, ANTICIPATED THAT POSTS WILL BE CALLED UPON TO
UTILIZE THEIR RESOURCES TO SCREEN SIGNIFICANT NUMBERS OF
PERSONS WHO WISH TO BE CONSIDERED FOR U.S. RESETTLEMENT.
UNHCR OR PRM-FUNDED VOLUNTARY AGENCY STAFF INVOLVED IN
REFUGEE PROCESSING ALREADY DO THIS AND ARE IN THE BEST
POSITION TO DEAL WITH HIGH-VOLUME CASELOADS. IN MOST
CASES, EMBASSY REFERRALS SHOULD BE LIMITED TO THOSE
INDIVIDUALS WHO ARE KNOWN TO THE EMBASSY OR IN WHOM THE
U.S. HAS A SPECIAL HUMANITARIAN CONCERN AND WHOM THE
EMBASSY BELIEVES HAVE VALID REASONS TO FEAR PERSECUTION ON
ACCOUNT OF RACE, RELIGION, NATIONALITY, MEMBERSHIP IN A
PARTICULAR SOCIAL GROUP OR POLITICAL OPINION.


13. PROCEDURES FOR REFERRAL: TO REFER A CASE TO THE U.S.
REFUGEE PROGRAM, AN EMBASSY SHOULD SEND A CLASSIFIED CABLE
TO THE OVERSEAS INS OFFICE WITH JURISDICTION FOR THAT
POST, THE REGIONAL REFUGEE COORDINATOR RESPONSIBLE FOR
ADMISSIONS (BANGKOK, CAIRO, MOSCOW, NAIROBI, AND
ISLAMABAD),THE DEPARTMENT SLUGGED FOR PRM/A, INS
HEADQUARTERS SLUGGED FOR HQIAO, AND THE U.S. EMBASSY IN
THE REFUGEE APPLICANT'S COUNTRY OF ORIGIN. (APPROPRIATE
COUNTRY, PREF, AND CVIS TAGS SHOULD BE USED.) THE CABLE
SHOULD INCLUDE BIOGRAPHICAL INFORMATION ABOUT THE
PRINCIPAL APPLICANT AND ANY DEPENDENTS (INCLUDING THEIR
CURRENT WHEREABOUTS),A BRIEF OUTLINE OF THE INDIVIDUAL'S
PERSECUTION STORY, AND AN EXPLANATION AS TO WHY THE CASE
HAS BEEN DETERMINED TO BE IN NEED OF THIRD COUNTRY
RESETTLEMENT. REFCOORD AND INS WILL THEN CONTACT THE POST
ABOUT THE PROCESSING MODALITIES.


14. EMBASSIES SHOULD CONTACT THE DEPARTMENT PRM/A AND THE
EMBASSY IN THE REFUGEE'S COUNTRY OF ORIGIN (IF APPLICABLE)
AND REFCOORDS NAIROBI AND CAIRO FOR SUB-SAHARAN AFRICA IF
THEY HAVE ANY QUESTIONS ABOUT WHETHER A PARTICULAR CASE
SHOULD BE A PRIORITY ONE EMBASSY REFERRAL.


15. MINIMIZE CONSIDERED.
ALBRIGHT