Legal Definitions - refoulement

Refoulement describes the act of a country sending an individual back to a place where they face a serious threat to their life or freedom, particularly if that individual has sought asylum or refugee status. This practice is generally prohibited under international law, which aims to protect those fleeing persecution or conflict.

• Example 1: Direct Expulsion

  A journalist flees their home country, "Veridia," after publishing articles critical of the government, fearing arrest and torture. They arrive in neighboring "Aquitania" and request asylum. However, Aquitania's authorities, under pressure from Veridia, swiftly deport the journalist back to Veridia without a proper hearing of their asylum claim.

  This is an instance of refoulement because Aquitania forcibly returned the journalist to Veridia, where they faced a credible threat of persecution, despite their attempt to seek protection.

• Example 2: Border Rejection

  A family escapes a civil war in "Zylos," arriving at the land border of "Eldoria." They inform the border guards that they fear for their lives if they return to Zylos and wish to seek safety. The Eldorian border guards, without allowing them to formally apply for asylum or assessing their claim, immediately turn them back across the border into Zylos.

  This illustrates refoulement because Eldoria prevented the family from accessing protection and forced them back into a war-torn country where their lives were at risk, effectively denying their right to seek asylum.

• Example 3: Indirect Transfer

  An activist flees "Kaelen" due to political persecution and reaches "Lyra," a country known for its strict immigration policies. Lyra then transfers the activist to "Mirella," a third country, under an agreement. However, Lyra knows that Mirella has a policy of routinely deporting individuals back to Kaelen, regardless of their asylum claims.

  This is an example of indirect refoulement. Although Lyra did not directly send the activist back to Kaelen, it transferred them to Mirella with the foreseeable consequence that Mirella would then carry out the refoulement, thus making Lyra complicit in the act.