A Study On Legal Issues Of Entry Of Refugees

Refugee is person who is outside his country of nationality owing to fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion. Meanwhile, refugees are part of immigrants whose lives and freedom are constantly to be threatened on the way of leaving the country of origin to an asylum country because of severe and rigorous conditions. Under the consideration of the stability of economics and society, most asylum countries restrict the entry of refugees. Particularly when a large scale occurred, an asylum country is unable to settle these people. What’s worse, governments would prevent the entry of refugees along the borders, and even intercept them at the high sea. When refugees leave their country of nationality, non-entry of asylum country would only make the refugee crisis even worse, and also put refugees into a more dangerous situation.From the respect of International Law, an asylum state is entitled to decide whether to take aliens, including refugees, into the territory based on the Principle of Territorial Sovereignty. However, the decisions should be in accordance with international law. For those who already illegally enter into a asylum country, no state shall return them to the frontiers of territories where their lives or freedom would be threatened. When this happened outside the territory of a state, the principle of non-refoulement shall still be complied. Although refugees do not enjoy the right to enter into a state based on the special identity, they enjoy the right to seek asylum and not to be returned. These basic rights could guarantee their minimum standard of living to further settlement. Before enter into a state, a refugee is obliged to apply for the asylum. After legally entry, he is under the jurisdiction of the asylum state.The Chinese government attaches great importance to cooperation with the UNHCR, and always be willing to settle refugees. Lack of Refugee Law makes the work of examining application of asylum seekers under no basis. Therefore, this article gives some suggestions on setting up Refugee Law relating to entry of refugees.