Note on migration and the principle of non-refoulement: ICRC, 2018

Migration is a global phenomenon that has an impact worldwide. Various factors have contributed to a growing complexity of patterns of mobility: large numbers of people leave, or are forced to leave, their countries of origin; some States have hardened their migration policies, introducing measures intended to prevent and deter foreign nationals from arriving on their territory and submitting asylum claims; and on their routes, migrants regularly have to cross or circumvent armed conflicts, gang violence or collapsing States. Migration movements often include persons who are in need of international protection and others who are not. In light of such "mixed movements", much of the current migration discourse and policies focus on the need to distinguish between "voluntary" migrants on the one hand and "forced" migrants, especially refugees, on the other. In reality, however, this distinction is not clear-cut. In particular, persons who are not considered to be refugees may still be in need of assistance and protection, including against refoulement. As a result, the International Committee of the Red Cross (ICRC) uses a broad description of "migrants" that focuses on their vulnerabilities rather than on their legal status. This being said, it is important to recall that while a number of international legal protections must be afforded to all migrants, others - in particular refugee status or subsidiary forms of protection - depend on the treaty obligations and/or domestic law of the State having jurisdiction and on the individual's particular circumstances. © 2018 icrc.