that Tibetan students in Taiwan are subject to unfair treatment and hope for a
comprehensive solution to address their predicament. The Ministry of Foreign
Affairs (MOFA) states that the regulations on the issuance of visas apply to all
holders of identity certificates issued by countries around the world. It does
not merely apply to Tibetans. The MOFA recommends addressing the visa issue
faced by stateless Tibetans studying in Taiwan under the Refugee Act to resolve
cases regarding the recognition of stateless status, handling guidelines, the
assignment of rights and responsibilities, and grievance procedures.118
95. Recommendations: The unique background and refugee status of stateless
Tibetans holding identity certificates sets them apart from other stateless
tourists with identity certificates, and the government can only rely on the
Refugee Act for a solution. However, the progress of the Refugee Act has been
slow due to legislative disagreements and a lack of proactiveness in finding
a solution for the predicament of stateless individuals currently studying in
Taiwan. The government should conduct a thorough and comprehensive
review and think of alternative approaches or revise the regulations to address
the legalities of this case through a general policy.
(c) Overseas students
96. In 2014, to attract students from countries included in the New Southbound
Policy, the Overseas Community Affairs Council (OCAC) revamped the
Rotating Cooperative Education Program in Vocational High Schools for
Overseas Compatriot Students into a 3+4 Vocational Education Program
118
Summary of NHRC discussion meeting with civil society organizations (2022, Nov 3). MOFA and the MOE responses in the
NHRC discussion meeting with government agencies (2023, Jan 17). According to the Regulations Regarding International
Students Undertaking Studies in Taiwan stipulated by the Ministry of Education, foreign students shall have a foreign
nationality to apply for admission to an educational institution in Taiwan. This regulation cannot be applied to stateless
individuals. Stateless Tibetan refugees who hold identity certificates issued by the government of India come to study
in Taiwan. However, an identity certificate is not equivalent to a passport. If the individual is not a national of the
country that issued the certificate, the Ministry of Foreign Affairs generally will not grant the individual a residency visa.
Meanwhile, the grounds for applications for visitor visas are also limited.
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