MERCELINE OYUGI 21-0351

Refugee law
Why Refugee law
I. Refugees are a human right issue. It is about the right of human beings known as refugees
and hence helps regulate the relation between one state and the refugees under the cotrol
of that state.
II. It regulates the relation between states and refugees. This includes international relations
and security issues.
Purpose
To protect the right of persons who cannot return to their countries without a serious risk to life
or freedom.
REFUGEE LAW
Steps of Refugee law
1. Access the protective framework
In the 1951 Convention, Article 33 mentions law Non-refoulment, which is suppose to
secure admission.It means you cannot send people back as soon as people are in.
Article 31 also state asylum seekers should not be penalized for entering illegaly into a
country.

2. Qualification
This mainly defines what a refugee is and a process through which a refugee will be
recognized. The first state in which an asylum claim is lodged decides if a person is a
refugee and should be protected by international law regime. Once does the decision must
be respected by all states in the regime. The creteria for qualification as a refugee include:
 You have to be outside your country of nationaly
 You must have a well-founded fear of being persecuted. These reasons include;
race, nationality, religion, membership in a particular social group or political
opinion.
 You have to be unable or unwilling to avail yourself of the protection of your
country.
3. Asylum
This refers to the status of refugees and the status is mainly what one gets after you are
recognized as a refugee. The most logical thing is that over time, refugees will get more
rights and more facilities in the countries they seek asylum in. Time means an accrual of
rights.
4. Solutions
 I. Refugee status cannot be forever. The refugee status can cease either by the
refugee’s choice or because conditions have changed durably in the country of
origin.
II. If a refugee reacquires all the rights linked to effective nationality or acquisition
of new nationality.
III. Naturalization which is only recommended by the 1951 convention
IV. Voluntary repatriation.
V. Local integration in the country of first asylum. This is however hugely contested
in major host countries.
VI. Through resettlement in another country of asylum.