GRP GRANTS PERMISSION TO PROCESS NORTH KOREAN

C O N F I D E N T I A L MANILA 005062

SIPDIS

SIPDIS

STATE FOR PRM/A, EAP/MTS, AND EAP/K
DHS FOR OFFICE OF ASYLUM, REFUGEES AND INTERNATIONAL
ORGANIZATIONS
BANGKOK FOR REFCCOORD HONNOLD

E.O. 12958: DECL: 12/21/2011
TAGS: PREF PREL PGOV PHUM KS KN TH RP
SUBJECT: GRP GRANTS PERMISSION TO PROCESS NORTH KOREAN
REFUGEE

REF: A. STATE 198649

B. MANILA 4852

C. 03 STATE 326248

Classified By: (U) Acting Deputy Chief of Mission Scott Bellard
for reason 1.4(b).


1. (U) THIS IS AN ACTION MESSAGE -- SEE PARA 4.


2. (C) At the recommendation of the Department of Foreign
Affairs' UNHCR officer, Acting POL/C met on December 21 with
Philippine Department of Justice (PDOJ) Chief State Counsel
Attorney Ricardo Paras and his staff to determine Philippine
willingness to allow the U.S. Refugee Admission Program to
process Ms. Hyae Yeong Pak's case on its territory (refs a
and b). (The Office of the State Counsel has primary
responsibility for handling refugee cases on Philippine
soil.) Attorney Paras readily agreed to our request.


3. (C) Paras noted that UNHCR had already contacted the
PDOJ, which had opened a file on Ms. Pak. He suggested that,
since the PDOJ had acquired jurisdiction under international
law, his staff could work in tandem with U.S. counterparts to
adjudicate the case quickly. "Perhaps all we'll need is one
hearing," Paras said.


4. (C) ACTION REQUEST: In light of the positive Philippine
government response, Embassy Manila would like formally to
refer Ms. Pak's case for consideration by the U.S. Refugee
Admissions Program. In accordance with ref c, we are
providing the following details:

NAME: Hyae Yeong Pak
DATE OF BIRTH: January 5, 1980
NATIONALITY: North Korean
GENDER: Female

PERSECUTION CLAIM: Ms. Pak claims to have lived in a town on
the North Korean-Chinese border. After suffering from severe
hunger, she decided to flee to China. During her first
escape attempt, she was discovered by Chinese authorities and
refouled to North Korea, where she learned that her mother
and father had been sent to a detention camp. Ms. Pak
succeeded in her second escape attempt. Fearing refoulement,
Ms. Pak worked clandestinely in China for five years to earn
enough money to procure a passport. With this in hand, she
made her way to Bangkok in mid-2006. She arrived in the
Philippines in November of this year using a
photo-substituted South Korean passport. Given the detention
of her parents, Ms. Pak has a well-founded fear of
persecution should she return to North Korea, and has
justifiable concerns of refoulement should she be forced to
return to China. During a November 14, 2006, interview with
UNHCR representatives in Manila, Ms. Pak clearly expressed an
interest in resettling in the United States.

Visit Embassy Manila's Classified website:
http://www.state.sgov.gov/p/eap/manila/index. cfm
KENNEY