Refugee is a 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 ...
Refugee is a 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 origin country or usually living because of rigorous conditions. Under the consideration of the stability of economics and society, most refugee-receiving countries restrict the entry of refugees. Particularly when a large scale occurred, an refugee-receiving country would limit to settle these people. What’s worse, governments would prevent the entry of refugees along the borders, and even intercept them at the high seas. When refugees leave their nationality state, non-entry of refugee-receiving country would only make the refugee crisis even worse, and also put refugees into a more dangerous situation.
From the respect of International law, the refugee receiving state own the right to decide whether to take aliens, including refugees, into the territory based on the Principle of Territorial Sovereignty. However, the decisions by refugee-receiving countries should be in accordance with international law and regional treaties. For those who already illegally enter into a refugee-receiving country, no state shall return them to the frontiers 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 refulgent. These basic rights could guarantee their minimum standard of living to further settlement. Before entering into a state, a refugee is obliged to apply for the asylum. After legally entry, he is under the jurisdiction of the refugee-receiving country.
China faced refugee problems at least four times in the past four decades, namely the Indochinese refugee, the North Korean defactors, and the Myanmar refugee, respectively. However, how China defines a refugee remains behind the bamboo curtain. There is no domestic law, or administrative provisions governing the definition of refugees or procedures of refugee status determination; the 1951 Refugee Convention and its 1967 Protocol, to which China has been a party since 1982, has not been incorporated into Chinese law to become fully enforceable
domestically. Because of Lack of refugee Law makes the work of examining of asylum seekers under no legal basis and refugees could not enjoy basic human rights, meanwhile asylum seekers asking for refugee status only can find UNHCR CHINA. So, China should establish an integrated asylum system the centers on promulgating an independent refugee law, and in the process of establish asylum system we need learn from other countries and regions advanced experience.