The principle of non-refoulement is a core principle of international and EU laws to ensure that an applicant is not returned to a country where they will face persecution recast QD, Recital 3.
It constitutes an essential and crucial safeguard throughout the asylum procedure including access to the procedure, assessment of the application on first instance, appeal and return.
Accordingly, Member States must respect the principle of non-refoulement in accordance with their international obligations recast QD, Article The principle of non-refoulement secures the right of an applicant to remain in the host country when applying for international protection, including during a Dublin procedure and while awaiting a decision by the determining authority, in accordance with the procedures at the administrative level. It ensures that Member States must allow applicants to remain in the territory to exercise the remedy of a right to appeal and, when such a right has been exercised, pending the outcome of the appeal.
It must be observed by courts and tribunals when ruling whether an applicant may remain in the territory of the Member State. It also protects against a return or an extradition decision which may result in direct or indirect refoulement , in violation of international and EU obligations of that Member State.
In accordance with the Geneva Convention, the respect for the non-refoulement principle must be assessed in the application of safe country concepts. The respect of the non-refoulement principle during the international protection procedure is one of the most common elements that undergo a judicial review.
