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The principle of non-refoulement. Practical usage of the non-refoulement principle - Essay Example

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Non-refoulement principle approved in 1951 is being widely discussed by scholars and scientists for determination of the boundaries of its relevant application in the modern international judicial paradigm…
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The principle of non-refoulement. Practical usage of the non-refoulement principle
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Download file to see previous pages Non-refoulement principle approved in 1951 is being widely discussed by scholars and scientists for determination of the boundaries of its relevant application in the modern international judicial paradigm. This principle belongs to a customary international law and prohibits “the expulsion, deportation, return or extradition of an alien to his state of origin or another state where there is a risk that his life or freedom would be threatened for discriminatory reasons” Therefore, in accordance with Article 33 of the 1951 Convention: “No Contracting State shall expel or return (“refouler”) a refugee in any manner whatsoever to the frontiers of territories where his [or her] life or freedom would be threatened on account of his [or her] race, religion, nationality, membership of a particular social group or political opinion”2. This principle is one of the basic pillars of refugee and immigration law.  There is one special aspect in this principle in accordance with which an alien should not be sent to his country where he can be tortured. This is so-called “jus cogens rule” and this aspect is obligatory for all countries of the international society. Practical usage of the non-refoulement principle The British legal system has been also shaped under the influence of non-refoulement. Judicial bodies and other competent organs act with regards to this principle and regulating system of immigration and asylum is worked out with regards to the influence of this principle3. ...
The main advantage available for all persons is the fact that even no valid legal travelling document is required in order to appeal for the country concerning non-refoulement principle. What is required from a person is his ability to prove a danger of a potential persecution, punishment or any other form of human rights degrading in his home country. Moreover, in case his liberties and freedoms are in danger or he may be subjected to an inhuman treatment at home, he should prove it to the country able to protect him in accordance with the non-refoulement principle. A system of proof in comparison with the one applied in criminal law cases is more tolerant. Thus, a principle of proof “beyond reasonable doubt” is discarded and a principle working in the civil law system “balance of probability” is not efficient as well6. Thus, the House of Lords rejected application of “balance of probability” norm in considering refugee cases. Currently, it is enough to prove the slightest possibility for a person to be come through severe punishment or a serious harm. For example, a person may correlate a potential harm with the discriminatory grounds described in the Refugee Convention. Thus, on a discriminatory racial, religious or nationality or any other “membership of a particular social group”7 basis a person may be persecuted. In case a person managed to prove his fair basis for application for the non-refoulement principle, the country would provide him with relevant norms described in the Refugee Convention. Every country may interpret the basic principles of the Refugee Convention basing on its own particular ideas, but still, the main trends are strictly followed by the international community8. Therefore, the ...Download file to see next pagesRead More
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