Abstract
This article embarks on a critical analysis of the application of articles 1F and 31 of the Refugee Convention in a mixed migration setting in Africa. It exposes the problem of mixed migration and how it affects refugees and offers a brief history and scope and purpose of these articles. This study argues that article 1F(b) is ambiguous and inadequate, and that it provides room for adjudicators to exclude certain migrants from refugee status. On the other hand, owing to vagueness in these articles, refugees can be penalised, criminalised and detained for possible extradition and repatriation. Additionally, refugees who enter countries of refuge amidst other migrants may find it difficult to report to an appropriate centre to apply for refugee status. Thus, they are not able to comply with article 31 of the Refugee Convention. Therefore, the author recommends the amendment of both articles 1F and 31 of the Refugee Convention to eliminate problematic ambiguities.
Highlights
Refugees who enter countries of refuge seeking asylum are sometimes excluded from protection under article 1F of the Convention Relating to the Status of Refugees.[1]
This study examines the application of articles 1F and 31 of the Refugee Convention in a mixed migration setting in Africa
After residing in South Africa for four years, he sought asylum here in order to avert the extradition order and his repatriation to Serbia under section 3 of the Refugee Act.[44]. His application for refugee status was denied by the Refugee Status Determination Officer (RSDO) and he was excluded from protection as a refugee in accordance with section 4(1)(b) on the ground that he had been convicted of a serious non-political crime.[45]
Summary
This article embarks on a critical analysis of the application of articles 1F and 31 of the Refugee Convention in a mixed migration setting in Africa. It exposes the problem of mixed migration and how it affects refugees and offers a brief history and scope and purpose of these articles. Refugees who enter countries of refuge amidst other migrants may find it difficult to report to an appropriate centre to apply for refugee status. They are not able to comply with article 31 of the Refugee Convention. The author recommends the amendment of both articles 1F and 31 of the Refugee Convention to eliminate problematic ambiguities
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