“Someone who is unable or unwilling to return to their country of origin owing to a wellfounded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinions”.330 A corollary of the principle of non-refoulement is the principle of voluntariness – specifically voluntary repatriation – as the most appropriate durable solution to the plight of refugees,337 depending on both the conditions in the country of origin and the country of asylum.338 A person must be able to make an informed decision about return that is uninfluenced by 330 Convention Relating to the Status of Refugees (adopted 28 July 1951, entered into force 22 April 1954) 189 UNTS 137, art 1(A)(2) [hereinafter Refugee Convention] <https://www.unhcr.org/4ca34be29.pdf> accessed 3 October 2022. 331 Ibid., Preamble & art 3. 332 Ibid., 31. 333 Ibid., 33. 334 Jean Allain, ‘The jus-cogens nature of non-refoulement’ (2001) 13(4) International Journal of Refugee Law, 533 <https:// doi.org/10.1093/ijrl/13.4.533> accessed 3 October 2022. 335 Note a peremptory norm of international law is “a rule or principle in international law that is so fundamental that it binds all states and does not allow any exceptions”; see Elizabeth Martin, Oxford Dictionary of Law (Oxford University Press 2003), 274. 336 Elihu Lauterpacht and Daniel Bethlehem, The Scope and Content of the Principle of Non-Refoulement: Opinion (Cambridge University Press 2003) <https://www.refworld.org/docid/470a33af0.html> accessed 3 October 2022. Some basic rights, including the right to be protected against refoulement, apply to all asylum seekers solely in light of the fact that they are physically present on the territory of a State signatory to the Refugee Convention‎. Other rights are instead progressively connected their lawful presence or to their lawful stay. See James C. Hathaway, The Rights of Refugees Under International Law (Cambridge University Press 2005). 337 UNHCR EXCOM ‘Conclusion on Voluntary Repatriation: No. 18 (XXXI)’ (16 October 1980) UN Doc A/35/12/ Add.1, clause (a) [hereinafter UNHCR, Voluntary Repatriation No. 18] <https://www.unhcr.org/excom/ exconc/3ae68c6e8/voluntary-repatriation.html> accessed 3 October 2022; UNHCR Statute (n 327). 338 Ibid. 73 Chapter Until these durable solutions are facilitated, refugees are entitled to a minimum standard of treatment in host countries, as safeguarded by the Refugee Convention. The Convention recognizes and reinforces various fundamental human rights principles that guide the treatment of refugees, including the principles of non-discrimination, non-penalization and non-refoulement. That is, the provisions of the Convention are to be implemented without discrimination based on race, religion or country of origin;331 a refugee is not to be penalized for illegal entry into a country in order to seek asylum;332 and a refugee is not to be expelled or returned to a territory in which “his life or freedom would be threatened on account of race, religion, nationality, membership of a particular social group or political opinion”.333 The principle of non-refoulement is considered to be the cornerstone of the Refugee Convention334 and a peremptory norm of international law,335 applicable to both formally recognized refugees and to asylum seekers.336 3 One of the principal goals of international protection is the realization of durable solutions for refugees. The UNHCR, as the “guardian” of the international protection framework, is responsible for promoting durable solutions for refugees, which include voluntary repatriation, local integration in the host country, or resettlement in a third country.