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on the territory of a third country which approves their landing. In most instances, the aim after
interception is return without delay of all irregular passengers to their country of origin.
13.
Aside from the physical interdiction of vessels, many countries also put in place a number of
administrative measures with the aim of intercepting undocumented migrants. At key locations abroad,
such as the main transit hubs for global migratory movements, States have deployed extraterritorially
their own immigration control officers in order to advise and assist the local authorities in identifying
fraudulent documents. In addition, airline liaison officers, including from private companies, have been
posted at major international airports both in countries of departure and in transit countries, to prevent the
embarkation of improperly documented persons. A number of transit countries have received financial
and other assistance from prospective destination countries in order to enable them to detect, detain and
remove persons suspected of having the intention to enter the country of destination in an irregular
manner.
(iii)
Reasons for interception
14.
Such interception practices have been adopted by States for a variety of reasons. Given their
concern over a global increase in irregular migration and the number of spontaneous arrivals, interception
is mostly practiced in order to disrupt major smuggling and trafficking routes. More specifically, in the
case of smuggled asylum-seekers, States have expressed their apprehension as to undocumented
arrivals who submit applications for asylum or refugee status on grounds which do not relate to any
criteria justifying the granting of protection. These States consider that the smuggling of such persons will
lead, or indeed is already leading, to the misuse of established status determination procedures, and risks
decreasing their ability to offer asylum and protection on the same terms as in the past.
15.
Many of the undocumented asylum-seekers are found to be irregular movers, that is refugees
3
who had already found protection in another country and for whom protection continues to be available.
The perception is spreading, especially among traditional resettlement countries, that such refugees are
seeking to circumvent established resettlement channels by using the services of criminal smugglers.
16.
Finally, States have pointed out that smuggling often endangers the lives of migrants, in particular
those travelling in unseaworthy boats. Their interception contributes to the rescue of persons in distress
at sea and can help to save lives.
C. Impact on asylum-seekers and refugees
17.
States have a legitimate interest in controlling irregular migration. Unfortunately, existing control
tools, such as visa requirements and the imposition of carrier sanctions, as well as interception measures,
often do not differentiate between genuine asylum-seekers and economic migrants. National authorities,
including immigration and airline officials posted abroad, are frequently not aware of the paramount
distinction between refugees, who are entitled to international protection, and other migrants, who are
able to rely on national protection.
18.
Immigration control measures, although aimed principally at combating irregular migration, can
seriously jeopardize the ability of persons at risk of persecution to gain access to safety and asylum. As
pointed out by UNHCR in the past, the exclusive resort to measures to combat abuse, without balancing
4
them by adequate means to identify genuine cases, may result in the refoulement of refugees.
19.
Recent bilateral arrangements for intercepting and arresting asylum-seekers in a transit country,
including women and children, have given rise to particular protection concerns. In the absence of an
effective protection regime in the transit country, intercepted asylum-seekers are at risk of possible
3
See Conclusion No. 58 (XL) of 1989 (A/AC.96/737, para.25) concerning the problem of refugees and asylumseekers who move in an irregular manner from a country in which they had already found protection.
4
See Note on International Protection of 3 July 1998 (A/AC.96/898), para. 16.