enduring connections’ they should nonetheless retain the right to enter and remain in that country in accordance with this Principle. 9.2. The prohibition of refoulement PRINCIPLE LEGAL STANDARD 9.2.1. In line with principles of international refugee law, States must not expel or return “refouler” any person, including one whom they have stripped of nationality, to a situation in which they face a threat to life or freedom or risk facing persecution, including on the grounds of race, religion, nationality, membership of a particular social group or political opinion. 1951 Refugee Convention, Art. 33(1): “No Contracting State shall expel or return “refouler a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion. 9.2.2. In line with the principles of international human rights law, States must not expel or return “refouler” any person, including one whom they have stripped of nationality, to a situation in which they face a real risk of serious human rights violations, including torture or cruel, inhuman or degrading treatment or punishment, enforced disappearances, capital punishment, flagrant denial of justice and the right to liberty, or arbitrary deprivation of life. CAT, Art. 3(1): “No State Party shall expel, return refouler or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture. CED, Art. 16(1): 1. “No State Party shall expel, return refouler , surrender or extradite a person to another State where there are substantial grounds for believing that he or she would be in danger of being subjected to enforced disappearance. 2. For the purpose of determining whether there are such grounds, the competent authorities shall take into account all relevant considerations, including, where applicable, the existence in the State concerned of a consistent pattern of gross, flagrant or mass violations of human rights or of serious violations of international humanitarian law. 147. The prohibition of refoulement constitutes customary international law. According to the UNHCR: “Within the framework of the 1951 Convention/1967 Protocol, the principle of non-refoulement constitutes an essential and non-derogable component of international refugee protection. The central importance of the obligation not to return a refugee to a risk of persecution is reflected in Article 42(1) of the 1951 Convention and Article VII(1) of the 1967 Protocol, which list Article 33 as one of the provisions of the 1951 Convention to which no reservations are permitted. The fundamental and non-derogable character of the principle of non-refoulement has also been reaffirmed by the Executive Committee of UNHCR in numerous Conclusions since 1977. 73

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