Removal to the country of origin or former habitual residence 29. In determining the significance, if any, of diplomatic assurances in situations involving the removal of a refugee to the country which he or she fled, it is necessary to distinguish between cases where the person concerned is protected against refoulement under Article 33(1) of the 1951 Convention and those in which one of the exceptions provided for in Article 33(2) of the 1951 Convention is applicable. 48 30. Diplomatic assurances should be given no weight when a refugee who enjoys the protection of Article 33(1) of the 1951 Convention is being refouled, directly or indirectly, to the country of origin or former habitual residence. 49 The reason for this is that the country of refuge has already made a determination in the individual case and has recognized the refugee to have a well-founded fear of being persecuted in the country of origin. Once the country of refuge has made this finding, it would be fundamentally inconsistent with the protection afforded by the 1951 Convention for the sending State to look to the very agent of persecution for assurance that the refugee will be well-treated upon refoulement. 50 31. If the competent authorities of the host State have determined that a refugee comes within the scope of one of the exceptions of Article 33(2) of the 1951 Convention, he or she does not benefit from protection against refoulement under international refugee law. However, this does not affect the sending State’s obligations under human rights law. In assessing whether the person’s removal on the basis of diplomatic assurances would be in keeping with applicable human rights standards, the sending State would need to conduct an assessment along the lines set out above at paragraphs 20–26. Removal to a country other than the country of origin or former habitual residence 32. Under Article 32 of the 1951 Convention, the host State may expel a refugee who is lawfully in the territory to a country other than the country in relation to which a well-founded fear of persecution has been established. However, this may be undertaken only on grounds of national security or public order, 51 and only in pursuance of a decision reached in accordance with due process of law. 52 Convention. Refugee status as determined in one State Party should only be called into question by another State Party in exceptional cases when it appears that the person manifestly does not fulfil the requirements of the 1951 Convention, e.g. if facts become known indicating that the statements initially made were fraudulent or showing that the person concerned comes within the terms of an exclusion provision of the 1951 Convention. See Executive Committee, Conclusion No. 12 (XXIX) – 1978 on the Extraterritorial Effect of the Determination of Refugee Status, at paragraph (g). See also UNHCR, Note on the Extraterritorial Effect of the Determination of Refugee Status under the 1951 Convention and the 1967 Protocol Relating to the Status of Refugees, EC/SCP/9, 24 August 1978. 48 See above at paragraphs 11–14. 49 See UNHCR, Suresh Factum, above footnote 13, at paragraph 51. 50 See UNHCR, Suresh Factum, above footnote 13, at paragraph 52. 51 Article 32(1) of the 1951 Convention. 52 Article 32(2) of the 1951 Convention. Articles 32(2) and (3) of the 1951 Convention also provide for minimum procedural safeguards which must be observed. See also above footnote 18. 13

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