While indications of an asylum-seeker’s alleged involvement in acts of
terrorism would make it necessary to examine the applicability of article 1F
of the 1951 Convention, international refugee law requires an assessment
of the context and circumstances of the individual case in a fair and
efficient procedure before a decision is taken. Any summary rejection of
asylum-seekers, including at borders or points of entry, may amount to
refoulement, which is prohibited by international refugee and human
rights law. According to the Universal Declaration of Human Rights, all
persons have the right to seek asylum.
Thirdly, persons who have been recognized as refugees, as well as asylumseekers who are awaiting a determination of their claims, are bound to
conform to the laws and regulations of their host country, as specified
in article 2 of the 1951 Convention. If they do not do so, they may be
prosecuted to the full extent of the law.
In addition, exceptions to the principle of non-refoulement exist under article
33 (2) of the 1951 Convention. Denial of protection from refoulement and
return to the country of origin are foreseen if there are reasonable grounds
for regarding a refugee as a danger to the security of the country in which
he or she is or if, having been convicted of a particularly serious crime, that
person constitutes a danger to the community of the host State. Finally,
the 1951 Convention provides for the possibility of expulsion to a third
country on national security grounds under article 32. Implementation of
either of these articles may be carried out only following a decision taken
by a competent authority in accordance with due process of law, including
the right to be heard and the right of appeal. It is crucial to emphasize,
however, that the application of either limitation contained in articles 32
or 33 (2) of the 1951 Convention is subject to the other human rights
obligations of the State, specifically article 3 of the Convention against
Torture and article 7 of the International Covenant on Civil and Political
Rights, whose protection is absolute.
If a person has already been granted refugee status under the 1951
Convention, such status may be cancelled if there are grounds for
considering that the person should not have been recognized as a refugee
in the first place. This is the case where there are indications that, at the
time of the initial decision, the applicant did not meet the inclusion criteria
of the 1951 Convention, or that an exclusion clause of that Convention
should have been applied to him or her.28 This might include evidence
that the person committed terrorist acts. Cancellation of refugee status
is in keeping with the object and purpose of the 1951 Convention, if it is
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