Brief of the United Nations High Commissioner for Refugees before the United States Court of Appeals for the Ninth Circuit in the case INNOVATION LAW LAB, et al., Plaintiffs-Appellees, v. KEVIN M. MCALEENAN, Secretary of Homeland Security, et al. Defendant-Appellant.
- Document source:
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Date:
26 June 2019
Brief of the United Nations High Commissioner for Refugees before the United States Court of Appeals for the Ninth Circuit in the case INNOVATION LAW LAB, et al.,
Plaintiffs-Appellees,
v.
KEVIN M. MCALEENAN,
Secretary of Homeland Security, et al.
Defendant-Appellant.
Comments:
In
addition to protecting individuals from being sent to a State where they
would face persecution, the principle of non-refoulement protects
refugees from being transferred to a State in which they might not face
persecution, but from where that State would send the individual on to
persecution in a third country, referred to here as “chain refoulement.”
Case: 19-15716, 06/26/2019, ID: 11346192, DktEntry: 48, Page 11 of 31
5
The obligation to safeguard against refoulement of any kind
applies to refugees and asylum-seekers alike, regardless of whether the
individual has formally been recognized as a refugee. Ensuring
adequate protections for asylum-seekers pending their applications and
preventing their return to countries where they fear persecution are
essential to upholding the central principle of non-refoulement.
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