GOM: INNER MONGOLIAN "VOLUNTARILY" RETURNED TO

C O N F I D E N T I A L ULAANBAATAR 000374

SIPDIS

STATE FOR EAP/CM, G/PRM, G/DRL

E.O. 12958: DECL: 12/29/2029
TAGS: PGOV PREF PREL MG
SUBJECT: GOM: INNER MONGOLIAN "VOLUNTARILY" RETURNED TO
CHINA

Classified By: Political Officer Dan Rakove for reasons 1.4 (b),(d)

GOM: Inner Mongolian "Voluntarily" Returned to China

1. (C) SUMMARY: In a meeting with PolOff, Chief of Mongolia's
Immigration Agency Murun defended his government's conduct
against allegations they had deported an Inner Mongolian with
an appeal pending before the UNHCR. Murun explained that the
Chinese citizen, Batuzhangga, and his family returned home
under their own will on October 10, and that his government's
actions were legitimate given Batuzhangga's illegal status in
Mongolia. Murun stated that Batuzhangga chose to buy his
family's return tickets. Though Batuzhangga had only shortly
before filed an appeal before the UNHCR regarding its October
2 rejection of his application for refugee status, he and his
family left Mongolia before the UNHCR addressed the petition.
This occurred after he was questioned by the Mongolian
Immigration Agency at the request of two Chinese immigration
officials who traveled to Mongolia on this case. Though
invited to attend, the UNHCR declined to send a
representative. END SUMMARY

2. (C) Murun stated that Inner Mongolian resident Batuzhangga
entered Mongolia on May 26 with his wife and child and failed
to register with the authorities as required of all foreign
entrants staying more than thirty days. Though Batuzhangga
filed a petition for refugee status with the UNHCR, Murun
reported that the UN office too failed to notify his Agency
of the would-be refugee's presence. Upon word from Chinese
immigration officials regarding Batuzhangga and allegations
of embezzlement, Mongolian officials located the man and his
family. They served notice to the UNHCR that Batuzhangga was
wanted by Chinese authorities. Meanwhile on October 2 the
UNHCR rejected the man's claim for asylum, at the first stage
of the refugee status determination process.

3. (C) Murun stated that his Agency then hosted a meeting
with Batuzhangga at the request of two Chinese immigration
officials who came to Ulaanbaatar. Though he invited UNHCR
officials to attend they declined to do so. Murun stated
that the meeting was conducted in Mongolian and focused on
Batuzhangga's alleged criminal conduct in China. Murun
declined to share the transcript of the meeting.

4. (C) The Chinese officials asked questions through
interpreters regarding Batuzhangga's activities. Murun
denied that the Chinese intimidated Batuzhangga, and
characterized his Agency's role as encouraging the man to
return with his family to China so as to clear his name.
When asked about the Chinese role, he stated firmly that that
his government had not kowtowed to the Chinese on the matter,
stating firmly that they acted fairly and autonomously.
Nonetheless Murun offered his sense that Batuzhangga was
indeed implicated in the alleged wrongdoings.

5. (C) Murun stated that Batuzhangga and his family then flew
home to China on tickets they purchased themselves. When
asked if Batuzhangga and his family had any alternative,
Murun acknowledged that they would have been deported in any
case. He reasoned that the UNHCR had failed to issue him a
temporary permit and their presence in Mongolia was illegal.
The UNHCR Senior Regional Protection Officer Nai Jit Lam had
however e-mailed Murun on October 2, requesting that "should
Mr. Batuzhangga choose to appeal the decision, you will
continue to extend your cooperation for UNHCR to review the
case to enable us to make a final decision."

6. (C) COMMENT: Murun's Immigration Agency appears to have
approached this issue as both one of law and order as well as
a bilateral issue with their southern neighbor. Murun
believes that criminals under apprehension in China are
increasingly seeking asylum in his country, and referenced
Nai Jit Lam's words to that effect. He reaffirmed his
Agency's sincerity in dealing with refugees, mentioning ten
currently in country from such places as Inner Mongolia,
North Korea, and Tibet. Batuzhangga's case was rather
peculiar, and the Immigration Agency appears to have been
reacting to apparent failures of the applicant and the UNHCR
to follow registration procedures.

7. (C) More broadly, the Agency has taken a much firmer
stance on deportation since Murun took office two years
prior. In 2009 they deported over 2,500 foreigners, of which
more than 80 percent were Chinese. Mongolian firms,
particularly in construction, often turn a blind eye toward
their Chinese workers' visa status. Murun's predecessor was
soft on deportations, and was reportedly suspected by some of
being bribed by Mongolian firms to allow the foreign workers'
continued presence. In contrast, former prosecutor, police
chief, and U.S. FBI academy attendee Murun has sent signals
that he takes a firmer line on immigration violations since
entering the job in 2007. END COMMENT.
ADDLETON