• 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. DISCUSSION In 1994 the United Nations declared that States should take appropriate measures to ensure that asylum seekers had not participated in terrorist acts.122 Security Council Resolution 1373123 also requires States to ensure that those who have participated in or planned terrorist activities are not granted refugee status, and article 7 of the Draft Terrorism Convention requires States to take appropriate measures to ensure the exclusion from refugee protection of those whom the State considers have committed terrorist acts. There is a danger, however, that anti-terrorism measures adopted by States could act to the detriment of bona fide asylum seekers. 122 Declaration to Supplement the 1994 Declaration on Measures to Eliminate International Terrorism contained in the annex to A/RES/51/210 Measures to Eliminate International Terrorism (1997) at para 3. 67