Principle of Non-Refoulement

The principle of non-refoulement prohibits sending a refugee to a territory where the person faces specified threats to life or freedom. It is the central protection in international refugee law, preventing forced return to persecution rather than guaranteeing permanent asylum in a particular country.

Treaty basis and prohibited conduct

Under Article 33(1) of the 1951 Refugee Convention, a state shall not expel or return a refugee in any manner whatsoever to territories where the refugee's life or freedom would be threatened because of race, religion, nationality, membership of a particular social group, or political opinion.

• The prohibition covers direct return to the threatening territory and indirect removal through another state where onward refoulement is likely.
• It protects asylum seekers while their claims are being determined, because returning them beforehand could send an unrecognised refugee to persecution.
• The principle may apply to rejection at the frontier when it would expose the person to the prohibited danger.

Nature and limits of protection

Non-refoulement prevents a prohibited transfer, but it does not by itself require the state to grant citizenship or permanent residence. Article 33(2) permits an exception where there are reasonable grounds for regarding the refugee as a danger to national security, or where a final conviction for a particularly serious crime makes the person a danger to the community.

• Exceptions require an individual assessment and cannot be based merely on the person's refugee status.
• Separately, Article 3 of the Convention against Torture prohibits return where substantial grounds show a danger of torture; this protection has no security or criminality exception.

How UPSC asks this