DUTCH TO DEPORT CUBAN ASYLUM APPLICANT ON JUNE 30

C O N F I D E N T I A L THE HAGUE 001627 SIPDIS DEPARTMENT FOR WHA/CCA, PRM/A, DRL/CRA, H. E.O. 12958: DECL: 06/12/2013 TAGS: CU NL PHUM PREF PREL PGOV SUBJECT: DUTCH TO DEPORT CUBAN ASYLUM APPLICANT ON JUNE 30 REF: A. (A) E-MAILS: WITMER/HENSHAW/SHEARER/MARJENHOFF/HAWLEY ¶B. (B) SHEARER/HENSHAW E-MAIL 6/20/03 ¶C. (C) SHEARER/SHEEHAN E-MAIL 6/23/03 Classified By: Political Counselor Mary E. Daly for reasons 1.5(b) and (d). ¶1. (U) This is an action request. See para 6. ¶2. (C) Embassy received a letter from United States Senator Bob Graham on June 18 requesting action on behalf of a constituent regarding a Cuban citizen who had applied for asylum and was being held in detention in The Netherlands. Dutch government officials informed PolOff that the asylum applicant, JOSE MANUEL VARGAS MARTIN, was denied asylum and will be deported to Cuba on June 30. GoNL officials informed PolOff that, at any time before his deportation on June 30, Martin would be allowed to travel to any third country that either issued him a valid visa or provided official verification that Martin would be allowed entry to a third country if transported to a border crossing. ¶3. (C) Martin applied for a visa at the Embassy of Costa Rica, where he apparently has family ties. The Costa Rican Embassy forwarded his application to San Jose on June 20. PolOff spoke with the Costa Rican ConOff (protect source), who indicated that San Jose will likely not/not issue a visa since Martin arrived in The Netherlands without a passport or other valid photo identification. Martin has not/not applied for a U.S. visa. ¶4. (C) UNHCR informed PolOff that UNHRC will not entertain VARGAS MARTIN's refugee application based on the fact that the GONL determined he did not have a legitimate asylum claim. UNHCR also told PolOff that the applicant is represented by legal counsel and lost an appeal of the asylum decision. ¶5. (SBU) The letter forwarded to post by Senator's Graham's office (on behalf of his stepmother Ada Maria Pastran Vargas) indicates that VARGAS MARTIN will be persecuted upon return to Cuba, partially because of his former relationship with current Miami NBC reporter Joaquin Torres Alvarez. Post has no additional information regarding a credible fear of persecution. -------------- Action Request -------------- ¶6. (C) Embassy The Hague requests Department guidance on this case. Does the Department have any additional information to provide to the GoNL that could influence his case? Please advise what, if any, alternative recourse may be available in the United States and whether Department wishes to respond directly to Senator Graham or have post do so. SOBEL