M.A.A. v. D.E.M.E.: Factum of the intervener (UNHCR)

UNHCR’s mandate and responsibility to supervise the application of international conventions for the protection of refugees are set out in the Motion Record. UNHCR’s submissions in this appeal are directed at the interaction between Article 33 of the 1951 Convention and relevant provisions of the OntarioChildren’s Law Reform Act (‘CLRA’). UNHCR’s position is that the principle of non-refoulement appliesto refugees, irrespective of whether they have been formally recognized as such. Where a claim for international protection has been made, a determination is required of whether a well-founded fear ofpersecution or a risk of serious harm exists before an asylum-seeker can be sent back to their country of origin. UNHCR submits that the CLRA must be read in light of these principles.