UPDATE ON DUTCH DEPORTATION OF CUBAN ASYLUM

C O N F I D E N T I A L THE HAGUE 001677

SIPDIS

DEPARTMENT FOR WHA/CCA, PRM/A, EUR/UBI.

E.O. 12958: DECL: 06/27/2013
TAGS: CUBA'>CU NL PHUM PREL PREF PGOV
SUBJECT: UPDATE ON DUTCH DEPORTATION OF CUBAN ASYLUM
APPLICANT ON JUNE 30

REF: THE HAGUE 01627

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) In discussions with the attorney, Mw. mr. W.M. Hompe,
who is representing CUBAn asylum applicant Jose Manuel Vargas
Martin, PolOff was informed that no appeal had been filed
after the original denial of asylum. Vargas Martin was
represented by a different counsel during the initial asylum
hearing, and Hompe does not know the reasons the other
counsel did not file an appeal. Hompe said that during the
asylum hearing, Vargas Martin based his asylum claim
primarily on the economic conditions in CUBA and only talked
of his possible detention in CUBA after he was told he would
be deported to CUBA if he were denied asylum. Since no
appeal was filed, under the Dutch Aliens Act, Vargas Martin
is obliged to leave the country.


3. (C) In a letter dated June 25, the Dutch Immigration and
Naturalization Service (IND) informed Hompe that they had
instructed Vargas Martin to surrender his passport to prepare
for deportation proceedings. Vargas Martin's relatives had
requested that he be allowed to travel independently to
either Costa Rica or the United States. The IND said that
was not possible unless he received a valid visa and a letter
of confirmation that the third country would allow him entry.
Such documents must be submitted to the IND by July 1 or he
will be deported to CUBA.


4. (C) Vargas Martin, who is married to a Lebanese woman,
was in transit from Lebanon to CUBA when he requested asylum
in The Netherlands. Vargas Martin's wife returned to CUBA
and did not apply for asylum. Hompe requested that IND allow
Vargas Martin to travel to Lebanon upon deportation; however,
the IND said that since he did not have the proper travel
documents to return to Lebanon, they must deny his request.


5. (C) Vargas Martin has an aunt living in Miami who is
coordinating his visa requests. He is waiting for a response
to his request for a visa to Costa Rica. He also has family
in the Dominican Republic and may try to obtain a visa there.
At least two members of Vargas Martin's family in the United
States have requested assistance from various USG and other
government officials, resulting in numerous letters and phone
calls requesting intervention to prevent his deportation to
CUBA.

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ACTION REQUEST
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6. (C) According to Hompe, the only option available to
Vargas Martin to avoid deportation on either June 30 or July
1, is to request another delay of his deportation by COB June

27. She said that such a request from her would likely fail,
but one from the USG would have a better chance of
succeeding. Embassy The Hague requests immediate guidance on
this case as to whether we should approach the Dutch
authorities to request another delay of his deportation.
Please also advise what, if any, alternative recourse may be
available in the United States.
SOBEL