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It is a memorial drafted form the side of respondents of Nalsar UNHCR moot court Competition. The memorial is prepared on Issue number 1.
Typology: Papers
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1 | P a g e 3 rd^ UNCHR NALSAR PUBLIC INTERNATIONAL LAW MOOT COURT COMPETITION 2022
2 | P a g e 3 rd^ UNCHR NALSAR PUBLIC INTERNATIONAL LAW MOOT COURT COMPETITION
It is humbly submitted before the Hon’ble court that the introduced illegal immigration control bill 2019 by Razzil does not contravene article 31 of the refugee convention and Razzil’s other obligations under international law because firstly , that the bill only applies to those immigrants who do not come to Razzil directly from a state where their life was threatened, instead they first stayed in a different state where there was no danger to their lives for substantial amount of time and then entered Razzil. Secondly that the bill is applying on those refugees who delayed in preseting themselves before the authoriies without any reasonable cause. Thirdly , that the bill is applying only some reasonable restrictions on the immigrants which are necessary to maintain security of its own citizens.
4 | P a g e 3 rd^ UNCHR NALSAR PUBLIC INTERNATIONAL LAW MOOT COURT COMPETITION 5.1 It is submitted that as per the facts of present case Razzil has not obligation to process the application of these immigrants who did not come to Razzil directly. The respective article of refugee convention itself is stating that states will not impose penalties on those refugees who came directly from a territory where their life or freedom was threatened. 6.1 It is submitted that the section 9(1) of the illegal immigration control bill 2019 of Razzil states that- Section 9 - Interpretation of Article 31(1) of the Refugee Convention, “ A refugee is not to be taken to have come to Razzil directly from a country where their life or freedom was threatened if, in coming from that country, they stopped in another country outside Razzil, unless they can show that they could not reasonably be expected to have sought protection under the Refugee protection framework in that country.” 7.1 It is submitted that the interpretation of article 31 under section 9(1) of the illegal immigration control bill is on the line and reasoning of the article 31 of the refugee convention and is not in contravene of the said article. Razzil welcomes every immigrant who is coming from a territory where his or her life in danger, the same principle is laid down in bill as well on the line and reasoning of article 31 of the refugee convention of 1951. 8.1 It is submitted that the Refugee Convention provides the definition of a refugee, establishes the principle of non-refoulement (that refugees shouldn’t be returned to a territory where they would be at risk of persecution) and the grounds for exclusion from protection. It also sets out host States’ responsibilities to refugees in their territory and what rights refugees should be given. The Convention doesn’t oblige States to facilitate asylum seekers’ access to their territory or specify how States should approach determining whether a person qualifies for refugee status. 9.1 It is thereby submitted that Razzil is committed to providing protection to those who need it, in accordance with its international obligations. Those who fear persecution should claim asylum and stay in the first safe country they reach and not put their lives at risk by making unnecessary and dangerous onward journeys to the Razzil.
5 | P a g e 3 rd^ UNCHR NALSAR PUBLIC INTERNATIONAL LAW MOOT COURT COMPETITION
2.1. It is humbly submitted before the Hon’ble court that the section 9(2) of the illegal immigration control bill 2019 of Razzil provides that a refugee is not to be taken to have presented himself without delay before the authorities unless they fulfill certain requirements. 2.2. It is submitted that the subsection (1) of article 31 of the refugee convention itself provides for the refugees to show themselves before the competent authority of the country in which they have migrated and have to show them the good causes of their illegal entry or presence. 2.3. The bill further more categorizes the situations and condition which a refugee have to full ill for the asylum claim. It has been done to protect the citizens of Razzil from external threats as it is provided in the facts of the present case that there were migrants having connetions with the terrorist organizations. 2.4. It is submitted that the section 9(2) of the bill states that, A refugee is not to be taken to have presented themselves without delay to the authorities unless– (a) in the case of a person who became a refugee while they were outside the Razzil, they made a claim for asylum as soon as reasonably practicable after their arrival in the Razzil; (b) in the case of a person who became a refugee while they were in the Razzil– (i) if their presence in the Razzil was lawful at that time, they made a claim for asylum before the time when their presence in the Razzil became unlawful; (ii) if their presence in the Razzil was unlawful at that time, they made a claim for asylum as
7 | P a g e 3 rd^ UNCHR NALSAR PUBLIC INTERNATIONAL LAW MOOT COURT COMPETITION (b) requires entry clearance under the immigration rules, and knowingly arrives in the Razzil without a valid entry clearance, commits an offence. (2) A person who commits an offence under sub-section (1) is liable– (a) on summary conviction to imprisonment for a term not exceeding 12 months or a fine (or both). 3. 3. It is submitted that the said provision is in the line and reasoning of the Section 31(2) of the refugee convention 1951. It states that- “ The Contracting States shall not apply to the movements of such refugees’ restrictions other than those which are necessary and such restrictions shall only be applied until their status in the country is regularized or they obtain admission into another country. The Contracting States shall allow such refugees a reasonable period and all the necessary facilities to obtain admission into another country.”^2
3. 4. It is submitted that the said restrictions are imposed to maintain the security of the state as in the present case facts there were incidents of terror attacks in the Razzil and many immigrants found in connection with them. (^2) UN High Commissioner for Refugees (UNHCR), The 1951 Convention Relating to the Status of Refugees and its 1967 Protocol , September 2011, available at: https://www.refworld.org/docid/4ec4a7f02.html [accessed 26 April 2022]
8 | P a g e 3 rd^ UNCHR NALSAR PUBLIC INTERNATIONAL LAW MOOT COURT COMPETITION
COUNSELS FOR THE RESPONDENT
