-2

Let’s say I was born in a country where I face personal danger, both socially and legally. I’ve fled and am currently moving from country to country, staying within the 90-day visa limits. For now, everything seems okay, but I’m concerned about situations where I could be denied entry both at a departure and destination point and therefore be forced into deportation back to my country of origin (or it might happen in another way).

Without seeking asylum, is there any way I can prevent this? For example, is it possible to invoke protection under "non-refoulement" or any similar legal principle without going through the asylum process?

6
  • Non-refoulement is a principle within the context of refugee law so invoking that is not different from seeking asylum.
    – Relaxed
    Commented Sep 8 at 13:37
  • @Relaxed how can i invoke it and will i have time to do so? like if the immigration officer decide to get me back to my country of origin do i tell him i need to get a lawyer or how do i go about it?
    – ClioProto
    Commented Sep 8 at 14:30
  • IDK if it matters, but based on your previous question your country of origin is Algeria, which is often designated a safe country of origin.
    – Traveller
    Commented Sep 8 at 16:11
  • 2
    Generally speaking, most countries which want to deny you entry would be delighted if there was a third county willing to let you in, and if you were willing to go there. Deportation to the country of origin is the last resort if an immigrant does not leave. But details will vary enormously based on where you are when you get immigration problems. There is no universal 90-day-rule, either.
    – o.m.
    Commented Sep 8 at 18:29
  • 3
    If you are genuinely in danger such that you cannot return to your country, why are you not making an asylum application? Commented Sep 9 at 14:00

1 Answer 1

2

I suspect that your plan is not viable, but details might depend on your country of citizenship and the various other countries involved.

  • You left you country of origin, A, and traveled to B as a tourist or whatever. B decided to let you in according to their rules.

  • From B you traveled to C. You had a visa or the possibility of visa-free entry in C. Typically, the airline wanted to see such documents from you before they allow you to board. Immigration officers in C usually wanted to see proof of onwards travel and means of subsistence.

...

  • Now you are in country X. You have had visa-free entry or a visa, and you have convinced the immigration officials of your means of subsistence and onwards travel -- possibly by showing them a ticket some months later to Y.
  • At the end of your allowed stay in X, go to the airport, showing the airline the documents which will let you enter Y, and you get transported to Y. You should have proof of onward travel prepared, to some country Z, and you should have enough funds for your means of subsistence if you hope to be allowed into Y.
  • Y refuses you entry and you do not claim asylum. (Actually, the rules might be so that you can not claim asylum airside. Rules have become a lot tougher in recent decades.) What Y should do is to make the airline take you back to X, at your expense (and last-minute tickets are very expensive).

At this point you are in an administrative system which assumes you are an irregular immigrant and (usually) tries to prevent your acceptance as a refugee. Most countries want wealthy tourists and business travelers, and skilled immigrants, but not irregular immigrants.

  • Z will take notice that Y refused you entry and might not let you in, either. Also, Z would likely want to see proof of onward travel, and that might not be arranged yet.
  • Y might refuse to hear your asylum application (and all the rights which come with it) because you were safe in X.
  • X might refuse to hear your asylum application because you have left and are now airside.

A lot depends on just which countries A, X, Y, and Z are. If A and Z are part of the European Union, likely all would be fine. Officials in Y would note that you have a right to enter Z, and let you travel there.

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service and acknowledge you have read our privacy policy.

Not the answer you're looking for? Browse other questions tagged or ask your own question.