Loopholes sa respondent

1.) RHEA is still duty bound to observe the principle of non-refoulement even tho they
are not a signatory of the REFUGEEs Convention:

5. The fact that 70 States have already become parties to the 1951 Refugee Convention
and/or to the 1967 Protocol is an indication of the wide acceptance of the principle of
non-refoulement expressed in Article 33(1).

11. In addition to statements in the above international instruments adopted at the

universal and regional levels, the principle of non-refoulement has also found expression
in the constitutions and/or ordinary legislation of a number of States. Because of its wide
acceptance at universal level, it is being increasingly considered in jurisprudence and in
the work of jurists as a generally recognized principle of international law.

*Note on Non-Refoulement (Submitted by the High Commissioner)Note on Non-

Refoulement (Submitted by the High Commissioner) EC/SCP/2,
*EXECUTIVE COMMITTEE OF THE HIGH COMMISSIONER'S PROGRAMME
Twenty-eighth session SUB-COMMITTEE OF THE WHOLE ON INTERNATIONAL
PROTECTION,
*https://www.unhcr.org/excom/scip/3ae68ccd10/note-non-refoulement-submitted-high-
commissioner.html

2.) Whether or not the person has been “formally” recognized by states as a refugee,
the principle of non refoulement must be observed:

15. In evaluating the practice of States in regard to the principle of non-refoulement, it,
should be emphasized that the principle applies irrespective of whether or not the person
concerned has been formally recognized as a refugee. In the case of persons who have been
formally recognized as refugees under the 1951 Convention and/or the 1967 Protocol, the
observance of the principle of non-refoulement as expressed, in Article 33 should not
normally give rise to any difficulty. Moreover, where a special procedure for the
determination of refugee status under the 1951 Convention and the 1967 Protocol exists,
the applicant is almost invariably protected against return to his country of origin pending
a determination of his refugee status.

16. There are, however, a number of situations in which the observance of the principle of
non-refoulement is called for, but where its application may give rise to difficulties of a
technical nature. Thus the person concerned may find himself in a State which is not a party
to the 1951 Convention or the 1967 Protocol, or which, although a party to these
instruments, has not established a formal procedure for determining refugee status. The
authorities of the country of asylum may have allowed the refugee to reside there with a
normal residence permit or may simply have tolerated his presence and not have found it
necessary formally to document his recognition as a refugee. In other cases, the person
concerned may have omitted to make a formal request to be considered a refugee.

17. In situations of this kind it is essential that the principle of non-refoulement be

scrupulously observed even though the person concerned has not - or has not yet - been
formally documented as a refugee. It should be borne in mind that the recognition of a
person as a refugee, whether under the Statute of UNHCR or under the 1951 Convention
or the 1967 Protocol, is declaratory in nature. Since the Committee’s twenty-seventh
session, there have been a number of cases of persons not formally recognized a’s refugees
being returned to their country of origin despite the fact that they had a justified fear of
persecution, or where their claim to such fear of persecution was not even examined.

*Note on Non-Refoulement (Submitted by the High Commissioner)Note on Non-

Refoulement (Submitted by the High Commissioner) EC/SCP/2,
*EXECUTIVE COMMITTEE OF THE HIGH COMMISSIONER'S PROGRAMME
Twenty-eighth session SUB-COMMITTEE OF THE WHOLE ON INTERNATIONAL
PROTECTION,
*https://www.unhcr.org/excom/scip/3ae68ccd10/note-non-refoulement-submitted-high-
commissioner.html

LOOPHOLES sa APPLICANT

1.) Elements that will consider a person as a refugee

- Refugees must be fleeing their home country due to a well-founded
fear of persecution based on their religion, race, or political views
- Does it include persons fleeing from their homeland by reason of an
armed conflict??
- Considering the fact that the oppressor/offender is a criminal
organization, not the government
2.) The element that refugees cannot return to their country due to a well
founded fear of persecution, even assuming na persecution,,
- SEE problem supplement
- Paragraph (9), 5th sentence
- The Government of Theseus succeeded in arresting several leaders
after violent military clashes with the Minotauros. However, as a result
of losing its head, the Minotauros was divided into smaller factions
and their internal struggles rather made the armed conflict stalemated
 - Thus, it may be inferred that operations of the minotaurus have been
paralyzed
- The fear may no longer exist. Thus, said refugees cannot claim that
they could not return to their homeland

3.) Which do you think will prevail? The State’s Protective Principle
(parens patriae) or/versus the rights of refugees

4.) What if Lycomedes only faithfully performed his task of ensuring the
security and order of their country, in good faith, under the erroneous
belief that MV dignitas is carrying illicit persons and activities? No
MENS REA on the part of Lycomedes…

- Bali, bisan ano pa ka fake news, the point is lycomedes made such
actions pursuant to or in response to news reports that MV dignitas
carries illicit activities chuchu

5.) In order to invoke national security for purposes of non-observance of

the refoulement principle:

13. Such exception based on factors relating to the person concerned does
not figure in the other instruments - either universal or regional -
mentioned above. Provision is, however, made for certain other general
exceptions, viz: "over-riding considerations of national security or in order
to safeguard the national security or protect population,"1 "in order to
safeguard national security or protect the community from serious
danger".2
2 Resolution of the Committee of Ministers of the Council of Europe of 29
September 1967 on Asylum to Persons in Danger of Persecution.

14. In view of the serious consequences to a refugee of being returned to a

country where he is in danger of persecution, the exception provided for in
Article 33(2) should be applied with the greatest caution. It is necessary to
take fully into account all the circumstances of the case and, where the
refugee has been convicted of a serious criminal offence, to any mitigating
factors and the possibilities of rehabilitation and reintegration within
society.

*Note on Non-Refoulement (Submitted by the High Commissioner)Note

on Non-Refoulement (Submitted by the High Commissioner) EC/SCP/2,
*EXECUTIVE COMMITTEE OF THE HIGH COMMISSIONER'S
PROGRAMME
Twenty-eighth session SUB-COMMITTEE OF THE WHOLE ON
INTERNATIONAL PROTECTION,
*https://www.unhcr.org/excom/scip/3ae68ccd10/note-non-refoulement-
submitted-high-commissioner.html