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: CUBA'>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.

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Action Request
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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