THE EDITOR, Sir:QUITE frequently there has been misunderstanding within the media concerning the status and processing of foreign nationals who arrive in Jamaica, usually by boat, without meeting entry requirements.
A case in point is the 128 Haitians who arrived here on November 18 in Trelawny.
When foreign nationals arrive here in these circumstances, they have the status of illegal immigrants.
The Ministry of National Security through the police/Immigration Depart-ment would process them in order to ascertain the circumstances of their arrival and other relevant information.
Officials from the Ministry of Health would then examine them to determine whether they are in good health.
The next step is for the Ministry of National Security to notify the Ministry of Foreign Affairs and Foreign Trade (MFA&FT) of the presence of the immigrants.
The MFA&FT would, in turn, notify the appropriate diplomatic mission and assist in the repatriation process as this becomes necessary.
The decision to repatriate is normally taken by the Ministry of National Security, unless there are claims for political asylum.
Applications for asylum are dealt with by the Ministry of Foreign Affairs and Foreign Trade.
An Eligibility Committee, comprised of nominees of the security and foreign affairs ministries and the Attorney-General's Department, considers individual applications applying the standards set by the 1951 UN Convention relating to the status of refugees and its 1967 Protocol.
As a state party, Jamaica has an obligation to process any application from refugee seekers.
The Committee, after reviewing the information provided by the applicant and information from other appropriate sources, submits its recommendation to the Minister of Foreign Affairs and Foreign Trade for a final determination. The decision can be appealed.
Article 1A(2) of the Convention provides that the applicant must have "a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country, or who not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it."
With regard to the latest group of 128 Haitians, 122 who expressed a wish to return home, have been repatriated.
The remaining six, five adults and a child, who requested political asylum have had their cases considered by the Eligibility Committee which submitted its recommendation on to the Minister of Foreign Affairs and Foreign Trade.
The decision was taken to uphold the findings of the Committee that the six Haitians did not qualify for refugee status under the criteria set out in the 1951 Convention.
I am submitting this information in the hope that there will be a better appreciation of the process set in train when foreign national arrive without satisfying our entry requirements.
I am, etc
WILTON DYER
Head, Public Relations and Media Affairs Unit
Ministry of Foreign Affairs
