Abstract
This article will examine the legal and regulatory regime applicable to inadmissible persons and refugees with a view to determining airline liability for their safety and transport, and state responsibility for accepting them into their territories. The article's overriding concern is the need for states to accommodate their policies regarding illegal immigration with the broader social and humanitarian need of treating those who legitimately seek refuge in their territories with more flexibility and understanding. At the Thirty Second Session of the Assembly of the International Civil Aviation Organization (ICAO) held in Montreal from 22 September to 2 October 1998, the assembly addressed a claim by the International Transport Workers' Federation (ITF), that states face a genuine dilemma between their rights to protect their borders against passport fraud and other crimes and their obligations to protect rights of asylum-seekers who are often unable to produce travel documents. The question arises whether a genuine refugee, fleeing for his or her life from a country which no longer offers protection, is always in a position to collect the proper documentation to leave the country. The ITF claimed:
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