Analysing the non-refoulement principle in Maltese and ECtHR judgement

Abstract

Irregular migration has become a sensitive topic as it is often accompanied by a set of complex challenges that impacts both the political and humanitarian spheres of thought. In any maritime interception or rescue operations, migrants, at least prima facie, should be considered for international protection. Non-refoulement is a legal principle that prohibits States from returning a refugee or asylum seeker to a territory where one’s fundamental freedoms would be hindered. The aim of this study is to examine the principle of non-refoulement in international and domestic refugee law while analysing the effectiveness of such a crucial legal principle within the European Court of Human Rights (ECtHR) and Maltese judgments. A dissection of the exceptions to this principle of non-refoulement along with the states responsibility toward asylum seekers will be conducted.