33. Prior to expelling a refugee on the basis of Article 32 of the 1951 Convention, the host State would need to ascertain that the person concerned would not face a risk of persecution for reasons of his or her race, religion, nationality, membership of a particular social group or political opinion in the receiving country, or of being sent onward to another country where he or she has a fear of persecution related to one or more of the aforementioned grounds. If the receiving State has provided diplomatic assurances, they would constitute one of the elements to be considered as part of this determination. In examining whether, in light of all available information, such assurances could be considered a suitable and reliable means to eliminate any risk of the individual concerned being exposed to persecution, the host State should take into account the different ways in which persecution may manifest itself. 53 34. If the assurances provided do not meet the requirements of suitability and reliability and cannot, therefore, effectively eliminate a risk of persecution which may result from the refugee’s transfer to the country concerned, forcible removal to that country would not be covered by Article 32. In such cases, expulsion of a refugee would be in keeping with the host State’s obligations under international refugee law only if the individual comes within one of the exceptions to the principle of non-refoulement provided for in Article 33(2) of the 1951 Convention. 54 2. Asylum-seekers 35. As noted above at paragraph 9, asylum-seekers are protected under Article 33(1) of the 1951 Convention against refoulement pending a final determination of the asylum claim. 55 Removal to the country of origin or former habitual residence 36. Thus, an asylum-seeker may not be returned to the country of origin or former habitual residence while his or her asylum claim is being considered. This applies regardless of the manner of removal, including, in particular, where an asylum-seeker is the subject of an extradition request. In such cases, the asylum application should, in principle, be determined in a final decision prior to any decision on the extradition request, and in any event, a decision to extradite should not be implemented while it has not yet been determined whether the wanted person is indeed a refugee. 56 Diplomatic assurances regarding the treatment of the asylum-seeker in case of return do not affect 53 See also below at paragraph 50. See above at paragraphs 11–14. 55 See UNHCR, Handbook on Procedures and Criteria for Determining Refugee Status under the 1951 Convention and the 1967 Protocol relating to the Status of Refugees, Geneva (hereafter: “UNHCR, Handbook”), 1979, re-edited 1992, at paragraph 28; see also E. Lauterpacht and D. Bethlehem, above footnote 8, at paragraphs 87–99. 56 As noted below at paragraph 47, the determination on the asylum claim submitted by the person whose extradition is being sought should be made by the requested State’s asylum authority. See also UNHCR, Background Note on the Application of the Exclusion Clauses: Article 1F of the 1951 Convention relating to the Status of Refugees (hereafter: “UNHCR, Background Note on Exclusion), 4 September 2003, at paragraph 102. 54 14

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