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Non-refoulementhas been defined in a number of international refugee instruments, both at the universal and regional levels. At the universal level the most important provision in this respect is Article 33 (1) of the 1951 Convention relating to the Status of Refugees, which states that: This provision constitutes one of the basic Articles of the 1...

In the case of persons who have been formally recognised as refugees under the 1951 Convention and/or the 1967 Protocol, the observance of the principle of non-refoulementshould not normally give rise to any difficulty. In this connection, particular regard should be had to the fact that a determination of refugee status is only of a declaratory na...

Measures of refoulementare various and include expulsion/deportation orders against refugees, return of refugees to countries of origin or unsafe third countries, electrified fences to prevent entry, non-admission of stowaway asylum-seekers and push-offs of boat arrivals or interdictions on the high seas. Whenever refugees - or asylum-seekers who m...

Since the purpose of the principle of non-refoulementis to ensure that refugees are protected against forcible return to situations of danger it applies both within a State's territory and to rejection at its borders. It also applies outside the territory of States. In essence, it is applicable wherever States act. It has been argued that the princ...

While the principle of non-refoulementis basic, it is recognised that there may be certain legitimate exceptions to the principle. Article 33 (2) of the 1951 Convention provides that the benefit of the non-refoulementprinciple may not be claimed by a refugee 'whom there are reasonable grounds for regarding as a danger to the security of the country...

The following paragraphs set out some basic considerations in view of the importance of the safe third country concept in the context of the discussion of minimum guarantees for asylum procedures in relation to the principle of non-refoulement. One of the problems that may arise in applying the safe third country concept to asylum-seekers is the di...

The most essential component of refugee status and of asylum is protection against return to a country where a person has reason to fear persecution and danger. This protection has found expression in the principle of non-refoulement. As States, particularly in the industrialised world, intensify and co-ordinate their efforts to curb irregular immi...