nonrefoulement

Nonrefoulement is a cornerstone of international refugee law prohibiting states from expelling, returning, or otherwise removing a person to a country where their life, freedom, or security would be threatened on account of race, religion, nationality, membership in a particular social group, or political opinion, or where they would face serious harm such as torture, inhuman or degrading treatment, or the death penalty. It applies to asylum seekers and recognized refugees alike and extends to individuals within a state's jurisdiction, including those who have not yet been granted refugee status.

The principle is enshrined in the 1951 Refugee Convention and its 1967 Protocol. Article 33 prohibits expulsion or return to territories where the refugee's life or freedom would be threatened. The rule is reinforced by regional human rights instruments and is widely regarded as customary international law, binding on states whether or not they are party to the Refugee Convention. It is supported by other treaties prohibiting torture and by UNHCR guidance.

Nonrefoulement prohibits both direct expulsions and indirect removal by other means, including refusals at borders or extradition, where risk would exist. While the Convention permits certain safeguards for individuals deemed to threaten national security or public order, those safeguards must not result in refoulement where risks remain. In practice, determinations are made case by case, with due process and opportunities for review.

In practice, the principle requires authorities to assess risk and to provide access to asylum procedures or other protective solutions, avoiding returns to danger. It faces challenges in border management, policy approaches such as safe third-country designations, and political pressures, but remains a central standard in international protection and human rights law, with ongoing refinement through jurisprudence and guidance.