PROCEDURAL RIGHTS
As key safeguards against refoulement, States have adopted a range of measures to recognise and give effect to the
following rights:
Access to
information
Access to
interpretation
Access to legal advice
and representation
Consular access, or access to
UNHCR and other organizations
Access to information
Providing accurate and relevant information to persons facing transfer or removal from the country in an
accessible format and in a language they understand helps individuals navigate the system and their contacts with
the authorities, and avoids complaints and delays. The following information is useful to provide:
• how someone can lodge a claim not to be removed or transferred on non‑refoulement grounds, that is, the basic
elements of the process and the relevant procedures;
• the possible consequences of not complying with decisions related to their case;
• the rights and options people have during and after the procedure, and deadlines for appeals;
• the contact details of lawyers, non‑governmental or international organisations where help and advice may be
sought.
It is a good idea to display such information at border posts, including airports, and in detention or removal
facilities.
Finland: multi-language forms explain rights
In Finland, non‑nationals who are detained with a view to their involuntary transfer from the country are given
forms featuring information about their rights, including protection against refoulement under UNCAT. These
forms are available in a variety of languages, including English, Finnish and Russian.
Mexico: child appropriate communication through videos
Child Protection Officers from the National Migration Institute in
Mexico use a video produced by the UN Refugee Agency (UNHCR)
to inform children of their right to seek asylum in the country. The
video uses animation and child-appropriate language to inform
children of their right to seek asylum in Mexico. After viewing the
video, the child is asked to explain in his/her own words the video´s
content so as to ensure they have understood the procedure. This
video is available at: https://youtu.be/93OgdoQBMnE.
TOOL: Non-refoulement procedures and safeguards
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