• Terrorists are, however, excluded from refugee protection. Refugee status cannot be
claimed by any person where there are serious reasons for considering they have
committed:
o
crimes against peace, a war crime or a crime against humanity;
o
serious non-political crimes; or
o
acts contrary to the purposes and principles of the United Nations.
• Where a person has grounds for claiming refugee status, but where there are also reasons
for suspecting them as a terrorist, they should have access to fair status determination
procedures to assess their claim to refugee status and whether they are excluded from
refugee protection.
• Non-refoulement is a customary rule of international law binding on all States. This means
that refugees should not be returned to a territory where their life or freedom would be
threatened on account of their race, religion, nationality, membership of a particular social
group or political opinion.
• An exception is permitted where there are reasonable grounds for regarding a person as a
danger to the country in which they are seeking asylum, or where they, having been
convicted of a particularly serious crime, constitute a danger to the community of that
country. In such cases there should also be a fair procedure to determine whether a person
comes within such exception.
• Even if a person is not entitled to protection as a refugee, they cannot be returned to a
situation where they are likely to face torture or a risk to their life or other fundamental
human rights.
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