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(g)
In cases where refugees and asylum-seekers have moved in an irregular manner from a country
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in which they had already found protection, enhanced efforts should be undertaken for their
readmission including, where appropriate, through the assistance of concerned international
agencies. In this context, States and UNHCR should jointly analyze possible ways of
strengthening the delivery of protection in countries of first asylum. There could also be more
concerted efforts to raise awareness among refugees of the dangers linked to smuggling and
irregular movements;
(h)
In order to discourage the irregular arrival of persons with abusive claims, rejected cases which
are clearly not deserving of international protection under applicable instruments should be
returned as soon as possible to countries of origin, which should facilitate and accept the return
of their own nationals. States should further explore proposals to enhance the use and
effectiveness of voluntary return programmes, for instance with the assistance of IOM.
V. CONCLUSION
35.
Interception, whether implemented physically or administratively, represents one mechanism
available to States to combat the criminal and organized smuggling and trafficking of migrants across
international borders. UNHCR invites governments to examine possibilities to ensure, through the
adoption of appropriate procedures and safeguards, that the application of interception measures will not
obstruct the ability of asylum-seekers and refugees to benefit from international protection. Further
analysis of the complex causes of irregular migration may be necessary, including their relationship with
poverty and social development. Only a comprehensive approach, respecting principles of international
refugee and human rights law, is likely to succeed in both combating irregular migration and in preserving
the institution of asylum.
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Conclusion No. 58 (XL) (A/AC.96/737, para.25).