refouled

Refoulement is a principle of international law that prohibits states from returning refugees or asylum seekers to a country where they would face persecution. This prohibition is enshrined in Article 33 of the 1951 Refugee Convention and its 1967 Protocol. The core idea is that individuals fleeing persecution should not be sent back to the very danger they are trying to escape. This protection applies even if an individual's claim to refugee status has not yet been formally recognized.

The principle of non-refoulement is considered a fundamental norm of international law, meaning it applies to all states, regardless of whether they are signatories to the Refugee Convention. It is a cornerstone of international refugee protection, aiming to prevent states from shirking their responsibilities towards those seeking safety. The prohibition extends to various means of expulsion, including deportation, extradition, and administrative returns.

However, there are limited exceptions to the principle of non-refoulement. These typically arise when there are substantial grounds for considering an individual to be a danger to the security of the country where they have sought asylum, or if they have been convicted of a particularly serious crime and pose a danger to the community. These exceptions are interpreted very narrowly and are subject to strict scrutiny to ensure they do not undermine the overall protection afforded to refugees. Determining whether non-refoulement applies in specific cases often involves complex legal and factual assessments.