ABSTRACT
This chapter focuses on cases dealing with the principle of non-refoulement and return to countries in conflict. In the context of migration and immigration, the non-refoulement obligation has emerged as a primary protection instrument for those persons reaching the borders of Europe over land or sea. The principle of non-refoulement, in the context of mixed migration movements and increasingly restrictive border management measures, has resulted in more than one negative obligation not to return individuals to their home countries. Violence of such severity that it functions as the sole trigger for a non-refoulement case could only be affirmed in the most extreme and extraordinary circumstances. Subsidiary protection status based on the (Recast) qualification directive and protection from non-refoulement based on the European convention on human rights vary considerably with regard to the bundle of substantive rights attached to the protection status, on the one hand, and the prohibited removal on the other.
