PEOPLE: International Journal of Social Sciences
ISSN 2454-5899
© 2017 The author and GRDS Publishing. All rights reserved.
Available Online at: http://grdspublishing.org/
167
Vasiliki Kakosimou
Volume 3 Issue 2, pp. 167 - 179
Date of Publication: 04
th
September, 2017
DOI-https://dx.doi.org/10.20319/pijss.2017.32.167179
NON-REFOULEMENT AND ACCESS TO ASYLUM
Vasiliki Kakosimou
Greek Asylum Service, Head of Asylum Unit of Piraeus
v.kakosimou@asylo.gov.gr
Abstract
Contemporary border management situations may trigger refoulement, whereas international
refugee law and human rights law prohibit the return to a risk of persecution, torture, inhuman
or degrading treatment or punishment. The applicability of non-refoulement, once a State
exercises effective control over an individual by his officials, is contravened by international
deterrence strategies. Practices of non-entrée are measures taken by States to deal with mass
refugee influxes, but breach the fundamental prohibition against refoulement and result in
limiting access to asylum. In the EU, non-refoulement and the prohibition of collective
expulsions are tightly linked with for safeguarding access to the asylum procedure. The principle
of non-refoulement also comes to play in the event of a transfer in the framework of the Dublin
Regulation and upon a return after a negative and final decision on the application or as a
possible consequence of the ending of the protection. Apart from a few and specific exceptions,
the principle of non-refoulement has an absolute nature that ensures the right to asylum, even in
cases of emergency for a Member State.
Keywords
Μass influx, Deterrence, Border management, Push-backs, Access to asylum
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1. Introduction
Non-refoulement is a key principle in contemporary international refugee law. Alongside
with the prohibition of collective expulsions, it helps to ensure access to international protection
and to provide the necessary safeguards upon forced removal. Apart from specific exceptions,