Editing Refugee (section)

===Right to non-refoulement===
{{Main|Non-refoulement}}
Non-refoulement is the right not to be returned to a place of persecution and is the foundation for international refugee law, as outlined in the 1951 Convention Relating to the Status of Refugees.<ref>{{cite web |title=Convention relating to the Status of Refugees |url=http://www.ohchr.org/EN/ProfessionalInterest/Pages/StatusOfRefugees.aspx |website=ohchr.org |access-date=2015-09-28}}</ref> The right to non-refoulement is distinct from the right to asylum. To respect the right to asylum, states must not deport genuine refugees. In contrast, the right to non-refoulement allows states to transfer genuine refugees to third party countries with respectable human rights records. The portable procedural model, proposed by political philosopher Andy Lamey, emphasizes the right to non-refoulement by guaranteeing refugees three procedural rights (to a verbal hearing, to legal counsel, and to judicial review of detention decisions) and ensuring those rights in the constitution.{{sfn|Lamey|2011|pages=232–266}} This proposal attempts to strike a balance between the interest of national governments and the interests of refugees.

The principle of non-refoulement is a principle of customary international law, binding on states regardless of treaty obligations.<ref name=":0">{{Cite web |date=September 4, 2024 |title='I Can't Go Home, Stay Here, or Leave' Pushbacks and Pullbacks of Syrian Refugees from Cyprus and Lebanon |url=https://www.hrw.org/report/2024/09/04/i-cant-go-home-stay-here-or-leave/pushbacks-and-pullbacks-syrian-refugees-cyprus |website=Human Rights Watch}}</ref> It is also grounded in Article 33 of the Refugee Convention, Article 3 of the Convention against Torture, and Articles 6, 7, and 9 of the International Covenant on Civil and Political Rights (ICCPR).<ref name=":0" /> The prohibition against returning a person to a place where they risk facing torture, persecution, or other serious harm is absolute, meaning states cannot use national security or public order as reasons to violate it.<ref name=":0" /> The principle of non-refoulement applies to expulsions or returns in any manner, covering both direct and indirect measures. This includes the prohibition of indirect, chain, or secondary refoulement, which means a person should not be deported to a state from which they may face further deportation to a third state where they would be in danger.<ref name=":0" /> States are also prohibited from disembarking a refugee in the jurisdiction of another state if they cannot ensure that the refugee would be protected from onward refoulement and treated in accordance with international human rights standards. The principle of non-refoulement is considered a cornerstone of international refugee law and is a fundamental protection against being sent back to a place where one's life or freedom would be threatened. This principle applies to all migrants at all times, regardless of their migration status.<ref name=":0" />

While non-refoulement is a key protection, it does not provide a right to asylum in a specific country. Instead, it ensures that no one is returned to a place where they would be in danger.<ref name=":0" /> The right to non-refoulement is distinct from the right to seek asylum, and respecting the right to asylum means that states must not deport genuine refugees.<ref name=":1">{{Cite web |date=1948 |title=Universal Declaration of Human Rights |url=https://www.un.org/en/about-us/universal-declaration-of-human-rights |website=United Nations}}</ref> The right to non-refoulement also applies to individuals who may not have formally sought asylum but would still be at risk if returned to their country of origin, and states must be aware of facts that indicate an individual has protection needs. Some countries may try to circumvent non-refoulement by transferring refugees to third countries that are not safe, also called chain or secondary refoulement, which is prohibited.<ref name=":0" /> The principle also requires states to ensure that if a refugee is transferred to a third country, that third country will respect the refugee's rights. The principle of non-refoulement is an absolute right, and states cannot justify violating it even in the name of national security or public order.

The principle of non-refoulement prohibits states from transferring or removing individuals from their jurisdiction or effective control when there are substantial grounds for believing that the person would be at risk of irreparable harm upon return, including persecution, torture, ill-treatment, or other serious human rights violations.<ref name=":0" /> It is a right that applies regardless of whether a person is formally recognized as a refugee and encompasses situations where a person may not have formally sought asylum but would still be at risk if returned to their country of origin.<ref name=":0" /> States must be aware of facts that indicate an individual has protection needs, triggering non-refoulement obligations. The principle applies to expulsions or returns "in any manner whatsoever," encompassing both direct and indirect returns.<ref name=":0" /> The right to non-refoulement is enshrined in the Universal Declaration of Human Rights, which states that everyone has the right to seek and enjoy asylum from persecution. Despite international standards, some countries engage in 'pullbacks,' which are measures to prevent people from leaving a country and returning them without allowing them to make asylum claims. Such practices are also a violation of the right to leave a country, as enshrined in the ICCPR.<ref name=":0" />

The principle of non-refoulement extends to situations where a state may be indirectly responsible for refoulement, for instance by returning a person to a country where they are likely to be refouled to a country where they face danger. Some states may attempt to use the concept of 'safe third countries' to transfer refugees, but the receiving country must guarantee protection from persecution and provide access to fair asylum procedures.<ref name=":2">{{Cite web |date=October 2022 |title=Mexico Fact Sheet |url=https://humanrightsfirst.org/wp-content/uploads/2022/10/MEXICO_FACT_SHEET_PDF.pdf |website=Human Rights First}}</ref> Non-refoulement is also related to the principle that refugees should not be penalized for their illegal entry or presence if they present themselves without delay to authorities and show good cause for their illegal entry. The European Court of Human Rights has ruled that collectively expelling migrants who are prevented from requesting asylum is a violation of their right to be protected from inhuman or degrading treatment. The African Refugee Convention also addresses non-refoulement, stating that no person shall be subjected to measures that would compel them to return to a territory where their life, physical integrity, or liberty would be threatened.<ref name=":3">{{Cite web |date=September 1969 |title=OAU Convention Governing the Specific Aspects of Refugee Problems in Africa |url=https://au.int/sites/default/files/treaties/36400-treaty-0005_-_oau_convention_governing_the_specific_aspects_of_refugee_problems_in_africa_e.pdf |website=Organization of African Unity (OAU)}}</ref> Additionally, the African Refugee Convention emphasizes the voluntary nature of repatriation, ensuring that no refugee is repatriated against their will. The convention also prohibits refugees from engaging in subversive activities against any member state of the Organization of African Unity.<ref name=":3" /> The Dublin Regulation, which is an EU law, also impacts non-refoulement by outlining procedures for the protection of asylum applicants, including guarantees for minors and the right to appeal transfer decisions, but there are concerns about the application of the 'safe third country' concept.<ref name=":4">{{Cite web |date=September 23, 2020 |title=Country Responsible for an Asylum Application (Dublin Regulation) |url=https://home-affairs.ec.europa.eu/policies/migration-and-asylum/common-european-asylum-system/country-responsible-asylum-application-dublin-regulation_en |website=European Commission}}</ref><ref name=":5">{{Cite web |date=March 17, 2017 |title=EU-Turkey Deal: A shameful stain on the collective conscience of Europe |url=https://www.amnesty.org/en/latest/press-release/2017/03/eu-turkey-deal-a-shameful-stain-on-the-collective-conscience-of-europe/ |website=Amnesty International}}</ref> The EU-Turkey deal, for example, has faced criticism due to concerns that Turkey may not be a safe third country for refugees.<ref name=":6">{{Cite web |title=EU-Turkey Statement: Questions and Answers |url=https://ec.europa.eu/commission/presscorner/detail/el/memo_16_963 |website=European Commission}}</ref> Some reports indicate that some Syrian asylum-seekers have been forcibly returned to Turkey without access to asylum procedures and despite Greek courts blocking returns.<ref name=":6" />