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Viewing cable 06NAIROBI598, A LETTER, DIALOGUE, SILENCE: UPDATE ON EXIT

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Reference ID Created Released Classification Origin
06NAIROBI598 2006-02-10 07:55 2011-08-25 00:00 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Nairobi
This record is a partial extract of the original cable. The full text of the original cable is not available.
UNCLAS SECTION 01 OF 03 NAIROBI 000598 
 
SIPDIS 
 
ROME PLEASE PASS TO DHS 
 
DEPARTMENT FOR PRM/A (PLEASE PASS TO DHS/USCIS) 
 
SENSITIVE -- ENTIRE TEXT -- NOT FOR INTERNET POSTING 
 
E.O. 12958:  N/A 
TAGS: PREF CVIS KE
SUBJECT:  A LETTER, DIALOGUE, SILENCE: UPDATE ON EXIT 
PERMITS FOR PRIORITY 3 AND VISA 93 REFUGEES 
 
REFTEL: A) NAIROBI 525 
        B) NAIROBI 413 
 
1. (SBU) SUMMARY:  The GOK recently informed Refcoord and 
the International Organization for Migration (IOM) that the 
government would soon stop issuing exit permits for refugees 
not recognized by UNHCR.  A large percentage of refugees 
resettled out of Kenya fall into this category.  Refcoord 
has been working with partners to maximize speedy departures 
of such refugees and with the government to try to maximize 
the grace period, while continuing dialogue aimed at 
avoiding the shutdown if possible.  IOM has received an 
official letter giving a final date for exit permits for 
"non-UNHCR" refugees, but the head of Refugees Department in 
the government has verbally indicated that the program may 
continue for now.  He has said he wants assistance with his 
department's capacity to make refugee status determinations, 
but has not yet provided details.  For now, no bookings have 
been cancelled.  END SUMMARY. 
 
---------- 
Background 
---------- 
 
2. (U) Definitions: Priority 3 (P-3) beneficiaries are 
refugees for whom a petition known as an "affidavit of 
relationship" (AOR) has been filed through DHS Citizenship 
and Immigration Services (CIS) by an "anchor relative" who 
has been admitted to the U.S. either as a refugee or an 
asylee, or has become a Permanent Resident Alien.  Such 
"anchors" can file for parents, spouses, or unmarried 
children who are refugees.  CIS rules on the refugee claim 
as well as the credibility of the relationship.  Visa 93 
beneficiaries are similar, but the "anchors" must be 
Permanent Resident Aliens who were admitted to the U.S. as 
refugees, the beneficiaries are limited to derivative 
spouses and unmarried children under 21 years old, and the 
petition is form I-730.  Both categories are significant 
parts of the refugee resettlement program out of Nairobi, 
which covers East, Central, and Southern Africa. 
 
------------------------------------------- 
Background Continued: the Shut-down Message 
------------------------------------------- 
 
3. (SBU) On January 24, Peter Kusimba, the new "Head of 
Refugees Department" at the Ministry of Immigration and 
Registration of Persons, told Refugee Coordinator (Refcoord) 
that "the message from my government" is:  Kenya will not 
continue issuing exit permits to those not identified by the 
UNHCR as refugees (see ref B).  Since that time, Refcoord 
has been working with GOK officials, both directly and 
through IOM representatives who know the officials, in an 
attempt to either change the ruling or else maximize the 
"grace period" in which to move existing approved Priority 3 
and Visas 93 refugees.  END BACKGROUND. 
 
------------------------- 
We've Spent a Lot Already 
------------------------- 
 
4. (SBU) After the January 24 meeting with Kusimba, Refcoord 
immediately began working with partner organizations IOM and 
JVA (the Joint Voluntary Agency, which does pre- and post- 
CIS processing of refugees) to maximize departures in 
February and weeks immediately following.  On February 1, 
Refcoord was informed that Kusimba might be willing 
"administratively" to delay the "stop issuing" order on exit 
permits if Refcoord and IOM could make the case to him. 
When contacted by IOM, he agreed verbally to extend the 
March 1 cutoff date until he could meet with IOM and 
Refcoord.  (IOM pays a penalty if it cancels bookings less 
than a month before a flight.  Without Kusimba's assurance, 
IOM would have had to begin rolling cancellations of 
bookings starting February 1.)  With the help of JVA and 
IOM, Refcoord compiled approximate figures for money spent 
on each of the CIS-approved P-3 and Visas-93 refugees, and a 
total number of those approved: about 4,800.  Assuming that 
JVA had spent three quarters of last year's per-refugee 
figure, and IOM had spent one quarter of its per-refugee 
figure, Refcoord came up with an estimate of 2.4 million 
dollars already spent on these approved refugees. 
 
-------------------------------- 
Official Grace Period: One Month 
-------------------------------- 
5. (SBU) On February 2 Bill Lorenz of IOM sent Refcoord a 
scanned copy of an official letter from Kusimba's boss at 
the Ministry of Immigration, Permanent Secretary Emmanuel 
Kisombe.  The letter, addressed to IOM's David Derthick, 
instructed him that "persons to be considered for 
resettlement in other countries shall be restricted to those 
who are duly recognized as refugees and hold valid documents 
issued by the Government of Kenya and UNHCR...The embassies 
shall be informed of this decision with a request that they 
comply..."  The letter notes that some arrangements have 
already been made for refugees NOT fitting this description, 
and states "it is decided that you be given one month to 
finalize all cases...This means that with effect from 1st 
March 2006 all departure cases will have fulfilled the 
description of refugees." 
 
--------------------------------------- 
New Crackdown on ALL Illegals Coming Up 
--------------------------------------- 
 
6. (SBU) On February 3, Refcoord, accompanied by Bill 
Lorenz, called on Kusimba in his office.  The atmospherics 
were better than on January 24, in that Kusimba was alone, 
but he began by announcing that the government would be 
starting an unannounced six-month crackdown on all illegal 
aliens in the country "next week."  As this appeared to rule 
out any reversal of the ruling, Refcoord presented the 
spending figure for approved refugees and asked that the six- 
month crackdown coincide with a six-month exit permit grace 
period, given that it would take that long to move most of 
the approved refugees.  He noted the considerable 
expenditures on these approved refugees to date.  Kusimba 
took the spending figure on board, and said he would take it 
back to the Permanent Secretary and then see what 
flexibility the PS could offer. 
 
------------------------ 
Offer to Help is on Hold 
------------------------ 
 
7. (SBU) Refcoord asked Kusimba if there were anything the 
U.S. might be able to do for the Government of Kenya to help 
in this situation.  Kusimba then alleged that Kenya is "not 
treated as a partner" by the U.S. as well as by UNHCR. 
Specifically, he said his government has forwarded needy 
refugee cases to UNHCR for resettlement, but with no answer 
at all.  He then made a plea for training and equipment 
(i.e. computers) that would allow his section to conduct 
refugee status determinations itself.  Refcoord said he 
would relay the request to Washington.  He asked Kusimba 
when he could hear details of what the GOK would like, and 
Kusimba said he would have an answer by February 8. 
However, Kusimba did not answer repeated telephone calls on 
February 8 and 9 from IOM personnel.  When he finally 
answered his phone, he seemed annoyed at being pursued, but 
assured an IOM representative that business as usual should 
continue for the time being, so "don't worry." 
 
----------------- 
What About UNHCR? 
----------------- 
 
8. (SBU) Refcoord has kept UNHCR fully informed of these 
discussions with the GOK.  Several persons have asked, why 
can't UNHCR simply "approve" U.S. approvals in some way?  We 
do not want to ask UNHCR to simply rubber-stamp CIS 
decisions, despite confidence in CIS and however convenient 
that might be for the program.  One intermediate option 
might be for P-3 applicants to register with UNHCR as asylum 
seekers.  Given the 9-month backlog (ref B), this would not 
lead to quick refugee status determinations by UNHCR. 
However, as a good-faith effort by P-3 refugees, it might be 
enough for the GOK to accept their presence in the country, 
and with luck allow them to depart if approved, rather than 
wait long months for an interview that would duplicate the 
CIS and JVA efforts and would lead to approval in most cases 
anyway.  This idea will be taken up, if appropriate, when 
discussions resume. 
 
------- 
Comment 
------- 
 
8. (SBU) It seems very likely that Kusimba simply cannot get 
an answer yet from his Permanent Secretary.  Given the 
turmoil the government is going through (ref A), that is not 
surprising.  Until an answer is received from Kusimba, we do 
not know what kind of grace period is on offer, or whether, 
with the offer of assistance in the air, the GOK will back 
down on the exit permit shutdown for the time being. 
 
BELLAMY