US embassy cable - 00STATE229648

UNCLAS STATE 229648 
 
SIPDIS 
 
FOR REFCOORD 
 
                       UNCLASSIFIED 
 
PAGE 02        STATE   229648  041725Z 
E.O. 12958: N/A 
TAGS: PREF, CVIS, KSEP, PHUM 
SUBJECT: REFUGEE PROCESSING:  EMBASSY REFERRALS 
 
REF: STATE 215078 
 
1.  THIS MESSAGE HAS BEEN CLEARED BY M/P (SEP). 
 
2.  SUMMARY. THIS CABLE REMINDS POSTS THAT THEY ARE 
AUTHORIZED TO IDENTIFY AND REFER APPLICANTS FOR POSSIBLE 
REFUGEE RESETTLEMENT IN THE U.S. IT ALSO PROVIDES GUIDANCE 
ON WHICH REFUGEES MIGHT BE CONSIDERED FOR REFERRAL TO THE 
ADMISSIONS PROGRAM. END SUMMARY. 
 
3.  INDIVIDUALS OF ANY REPEAT ANY NATIONALITY MAY BE 
PROCESSED AS PRIORITY ONE EMBASSY REFERRALS, WITH FEW 
EXCEPTIONS, WITHOUT REFERENCE TO WASHINGTON. THOSE FEW 
EXCEPTIONS INCLUDE PALESTINIANS, NORTH KOREANS, AND 
LIBYANS, FOR WHOM THE BUREAU OF POPULATION, REFUGEES, AND 
MIGRATION (PRM) AND THE OFFICE OF INTERNATIONAL AFFAIRS AT 
INS HQ WILL NEED TO CONTINUE TO AUTHORIZE PROCESSING IN 
ADVANCE. IN ADDITION, POSTS WITH IN-COUNTRY PROGRAMS 
(FORMER SOVIET UNION, VIETNAM, CUBA) MUST SEEK PRM 
GUIDANCE BEFORE REFERRING NATIONALS OF THE HOST COUNTRY. 
 
4.  PRIORITY ONE IS DEFINED AS: 
 
A)  UNHCR-REFERRED OR EMBASSY-IDENTIFIED REFUGEES WHO ARE 
FACING COMPELLING SECURITY CONCERNS IN COUNTRIES OF FIRST 
ASYLUM, IN NEED OF LEGAL PROTECTION BECAUSE OF DANGERS OF 
REFOULEMENT, OR WHO ARE IN DANGER DUE TO THREATS OF ARMED 
ATTACK IN AREAS WHERE THEY ARE LOCATED, AND FORMER 
POLITICAL PRISONERS. 
 
B)  UNHCR-REFERRED OR EMBASSY-IDENTIFIED REFUGEES, 
INCLUDING REFUGEE WOMEN-AT-RISK, VICTIMS OF TORTURE OR 
VIOLENCE, PHYSICALLY OR MENTALLY DISABLED AND PERSONS IN 
URGENT NEED OF MEDICAL TREATMENT NOT AVAILABLE IN THE 
COUNTRY OF FIRST ASYLUM. 
 
C)  UNHCR-REFERRED OR EMBASSY-IDENTIFIED REFUGEES, FOR 
WHOM OTHER DURABLE SOLUTIONS ARE NOT FEASIBLE AND WHOSE 
STATUS IN THE PLACE OF ASYLUM DOES NOT PRESENT A 
SATISFACTORY LONG-TERM SOLUTION. 
 
5.  A REFUGEE IS DEFINED UNDER U.S. LAW, INA SEC 
101(A)(42), AS A PERSON WHO IS OUTSIDE HIS/HER COUNTRY OF 
ORIGIN AND IS UNABLE OR UNWILLING TO RETURN DUE TO 
PERSECUTION OR A WELL-FOUNDED FEAR OF PERSECUTION ON 
ACCOUNT OF RACE, RELIGION, NATIONALITY, MEMBERSHIP IN A 
PARTICULAR SOCIAL GROUP OR POLITICAL OPINION.  IN 
ADDITION, A PERSON WHO HAS BEEN FORCED TO ABORT A 
PREGNANCY OR TO UNDERGO INVOLUNTARY STERILIZATION, OR WHO 
HAS BEEN PERSECUTED FOR FAILURE OR REFUSAL TO UNDERGO SUCH 
A PROCEDURE OR FOR OTHER RESISTANCE TO A COERCIVE 
POPULATION CONTROL PROGRAM SHALL BE DEEMED TO MEET THIS 
DEFINITION.  PERSONS WHO ORDERED, INCITED, ASSISTED OR 
OTHERWISE PARTICIPATED IN THE PERSECUTION OF ANY OTHER 
PERSONS ON ACCOUNT OF THE SAME FIVE GROUNDS ARE EXCLUDED 
FROM THE DEFINITION. 
 
6.  WHILE INS HAS THE STATUTORY RESPONSIBILITY TO 
DETERMINE WHETHER AN INDIVIDUAL MEETS THE DEFINITION OF A 
REFUGEE, EMBASSY-REFERRED CASES SHOULD BE CAREFULLY 
SCREENED TO ENSURE THAT THE PERSON HAS A PRIMA FACIE 
REFUGEE CLAIM. A P-1 REFERRAL PROVIDES A POTENTIAL REFUGEE 
APPLICANT ACCESS TO U.S. RESETTLEMENT CONSIDERATION BUT 
DOES NOT GUARANTEE HIS OR HER ACCEPTANCE. 
 
7.  THE DEPARTMENT WISHES TO ENSURE THAT THERE IS ADEQUATE 
ACCESS TO THE U.S. REFUGEE ADMISSIONS PROGRAM WORLDWIDE 
FOR DESERVING REFUGEES IN NEED OF THIRD COUNTRY 
RESETTLEMENT REGARDLESS OF NATIONALITY OR FAMILY TIES TO 
THE UNITED STATES. WHILE WE DO NOT WANT TO OVERBURDEN 
EMBASSIES, WE HOPE EMBASSY STAFF INDIVIDUALLY RECOMMEND 
THOSE REFUGEES WHO ARE KNOWN TO THEM AND MAY BE AT RISK IN 
THE COUNTRY OF FIRST ASYLUM OR OF BEING RETURNED TO A 
COUNTRY WHERE THEY WOULD FACE PERSECUTION. 
 
8.  IN MOST INSTANCES, PRIORITY ONE CASES WILL COME TO THE 
ATTENTION OF THE U.S. PROGRAM THROUGH REFERRALS FROM 
UNHCR. PRM HAS BEEN WORKING WITH UNHCR GENEVA AND MANY OF 
ITS FIELD OFFICES TO IMPROVE THE TRAINING UNHCR STAFF 
RECEIVE IN THE AREA OF IDENTIFYING CASES IN NEED OF THIRD 
COUNTRY RESETTLEMENT. POSTS SHOULD REFER TO CURRENT 
REFUGEE ADMISSIONS PROCESSING GUIDELINES (STATE 215078) 
FOR GUIDANCE IN HANDLING UNHCR REFERRALS. 
 
9.  EMBASSIES, AS WELL AS UNHCR, ARE ALSO AUTHORIZED UNDER 
PRIORITY ONE TO REFER CASES FOR REFUGEE ADMISSIONS 
PROCESSING. SOME QUESTIONS HAVE BEEN RAISED REGARDING WHAT 
EXACTLY IS INTENDED BY "EMBASSY-REFERRED" CASES. THE 
FOLLOWING IS INTENDED AS GUIDANCE TO POSTS ON THIS ISSUE. 
 
10.  CASES MOST LIKELY TO BE REFERRED FOR PROCESSING BY AN 
EMBASSY WOULD INVOLVE FORMER FSNS OR HIGH PROFILE 
INDIVIDUALS WHO ARE KNOWN TO THE EMBASSY, HAVE FLED THEIR 
HOME COUNTRIES, ARE UNABLE TO RETURN HOME DUE TO FEAR OF 
PERSECUTION, AND DUE TO SECURITY OR OTHER SERIOUS ISSUES 
IN THE COUNTRY OF ASYLUM MAY BE IN NEED OF THIRD COUNTRY 
RESETTLEMENT. AN EMBASSY MAY CHOOSE TO CONSULT WITH THE 
DEPARTMENT, OTHER INVOLVED POSTS (SUCH AS IN THE COUNTRY 
OF ORIGIN) OR UNHCR. ANY SUCH COMMUNICATION SHOULD BE 
HANDLED WITH UTMOST DISCRETION. VIOLATING THE 
CONFIDENTIALITY OF THE INDIVIDUAL'S STATEMENTS AND/OR 
 
SIPDIS 
IDENTITY COULD COMPROMISE THE INDIVIDUAL'S SAFETY AND THAT 
OF FAMILY MEMBERS IN THE COUNTRY OF ORIGIN. THE CASE MAY 
ULTIMATELY BE DETERMINED BY UNHCR FOR A LOCAL SOLUTION OR 
REFERRAL TO THE U.S. OR OTHER COUNTRY FOR THIRD COUNTRY 
RESETTLEMENT. 
 
11.  IT IS ALSO POSSIBLE THAT AN NGO WORKING IN THE 
REFUGEE'S COUNTRY OF ASYLUM MAY RAISE A DESERVING CASE 
WITH AN EMBASSY. WHILE THE NORMAL PROCEDURE WOULD BE TO 
REFER THE CASE TO UNHCR OR THE HOST COUNTRY IF THE 
INDIVIDUAL REFUGEE IS NOT KNOWN TO THE EMBASSY, THERE MAY 
BE SITUATIONS WHERE A UNHCR OFFICE IS UNABLE TO ADDRESS 
ADEQUATELY AN INDIVIDUAL CASE. SHOULD THE NGO BE 
UNSUCCESSFUL IN OBTAINING THE NECESSARY ATTENTION FROM 
UNHCR, POSTS ARE FREE TO CONSIDER WHETHER OR NOT TO REFER 
THE CASE AS AN EMBASSY-REFERRAL TO THE U.S. REFUGEE 
ADMISSIONS PROGRAM. ALL POSTS SHOULD DESIGNATE AN OFFICER 
OR ESTABLISH A COMMITTEE RESPONSIBLE FOR VETTING POTENTIAL 
EMBASSY REFERRALS. 
 
 
12.  WHILE THE SOLUTION FOR MOST REFUGEES IS TO REMAIN IN 
THE COUNTRY OF FIRST ASYLUM UNTIL REPATRIATION IS POSSIBLE, 
EMBASSIES ARE ENCOURAGED TO CONSULT WITH UNHCR SHOULD THEY 
HAVE QUESTIONS ABOUT THE CIRCUMSTANCES OF REFUGEE 
POPULATIONS, INCLUDING THE APPROPRIATENESS OF U.S. REFUGEE 
ADMISSIONS PROCESSING FOR SPECIFIC INDIVIDUALS. IT IS NOT, 
HOWEVER, ANTICIPATED THAT POSTS WILL BE CALLED UPON TO 
UTILIZE THEIR RESOURCES TO SCREEN SIGNIFICANT NUMBERS OF 
PERSONS WHO WISH TO BE CONSIDERED FOR U.S. RESETTLEMENT. 
UNHCR OR PRM-FUNDED VOLUNTARY AGENCY STAFF INVOLVED IN 
REFUGEE PROCESSING ALREADY DO THIS AND ARE IN THE BEST 
POSITION TO DEAL WITH HIGH-VOLUME CASELOADS. IN MOST 
CASES, EMBASSY REFERRALS SHOULD BE LIMITED TO THOSE 
INDIVIDUALS WHO ARE KNOWN TO THE EMBASSY OR IN WHOM THE 
U.S. HAS A SPECIAL HUMANITARIAN CONCERN AND WHOM THE 
EMBASSY BELIEVES HAVE VALID REASONS TO FEAR PERSECUTION ON 
ACCOUNT OF RACE, RELIGION, NATIONALITY, MEMBERSHIP IN A 
PARTICULAR SOCIAL GROUP OR POLITICAL OPINION. 
 
13.  PROCEDURES FOR REFERRAL: TO REFER A CASE TO THE U.S. 
REFUGEE PROGRAM, AN EMBASSY SHOULD SEND A CLASSIFIED CABLE 
TO THE OVERSEAS INS OFFICE WITH JURISDICTION FOR THAT 
POST, THE REGIONAL REFUGEE COORDINATOR RESPONSIBLE FOR 
ADMISSIONS (BANGKOK, CAIRO, MOSCOW, NAIROBI, AND 
ISLAMABAD), THE DEPARTMENT SLUGGED FOR PRM/A, INS 
HEADQUARTERS SLUGGED FOR HQIAO, AND THE U.S. EMBASSY IN 
THE REFUGEE APPLICANT'S COUNTRY OF ORIGIN. (APPROPRIATE 
COUNTRY, PREF, AND CVIS TAGS SHOULD BE USED.) THE CABLE 
SHOULD INCLUDE BIOGRAPHICAL INFORMATION ABOUT THE 
PRINCIPAL APPLICANT AND ANY DEPENDENTS (INCLUDING THEIR 
CURRENT WHEREABOUTS), A BRIEF OUTLINE OF THE INDIVIDUAL'S 
PERSECUTION STORY, AND AN EXPLANATION AS TO WHY THE CASE 
HAS BEEN DETERMINED TO BE IN NEED OF THIRD COUNTRY 
RESETTLEMENT. REFCOORD AND INS WILL THEN CONTACT THE POST 
ABOUT THE PROCESSING MODALITIES. 
 
14.  EMBASSIES SHOULD CONTACT THE DEPARTMENT PRM/A AND THE 
EMBASSY IN THE REFUGEE'S COUNTRY OF ORIGIN (IF APPLICABLE) 
AND REFCOORDS NAIROBI AND CAIRO FOR SUB-SAHARAN AFRICA IF 
THEY HAVE ANY QUESTIONS ABOUT WHETHER A PARTICULAR CASE 
SHOULD BE A PRIORITY ONE EMBASSY REFERRAL. 
 
15.  MINIMIZE CONSIDERED. 
ALBRIGHT