5.2 The principle of non-refoulement

As stated in Section 3.1, the principle of non-refoulement applies not only to recognised refugees, but also to those who have not had their status formally declared.

The United Nations Special Rapporteur on the human rights of migrants has stated that the principle of non-refoulement should be applied to all persons, including all migrants, at all times, irrespective of their migration status. It relates to returning individuals from a state’s territory (A/HRC/47/30, para 41), and so at sea applies to territorial waters. It has been argued that the principle of non-refoulement should apply to the high seas.

The United Nations Special Rapporteur on the human rights of migrants has stated that the principle of non-refoulement should be applied to prevent the return of persons in cases of serious human rights violations, such as risks to the rights to life, integrity, or freedom of the person, and of torture and ill-treatment. He has stated that states put an end to pushback practices to uphold the principle of non-refoulement (A/HRC/47/30, para 42).