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68. In Zambia, a similar issue was discussed by a UNHCR Senior Protection Officer, Karolina Lindholm Billing who had, while making submissions on the Revised Immigration and Deportation Bill, 2010 to the parliamentary committee on national security and foreign affairs, stated that there should be an inclusion of an effective remedy against the expulsion or deportation order which would allow asylum seekers and refugees to challenge deportation orders in the Court of law. (http://www.postzambia.com/post­ read_article/php?articleId=6943) Section 33 of the Penal Code of Zambia was discussed, which makes deportation compulsory in case of foreigners in general "upon conviction of any offence, except minor traffic offences". This provision, according to her was not in line with the spirit of the United Nation Convention of Refugees, 1951 and its Optional Protocol, 1957 which requires deportation to be ordered only when the crime is sufficiently grave in nature. The presence of the foreigner should raise a reasonable apprehension that the security of the country would be jeopardized.

74. In view of the foregoing discussion, this Court holds that the principle of non­refoulement is a part of customary international law, and binds India, irrespective of whether it has signed the convention on refugees or not in as much as it is a party to other Conventions which contain the principle of non­refoulement. URGENT NEED FOR A NATIONAL LEGISLATION WHICH STRESSES UPON THE ASPECT OF NON­REFOULEMENT AND LAYS DOWN PROVISIONS WITH RESPECT THERETO.

76. The need for enaction of a comprehensive legislation to deal exclusively with the problems of refugees has arisen since time immemorial, and finally, pursuant to extensive deliberations a Model National Law: The Refugee and Asylum Seekers (Protection) Bill, 2006 had been drafted. The process was initiated at the Third South Asian Informal Regional Consultation on Refugee Migratory Movements, where a 5 member working group was constituted to draft a model refugee protection law for the South Asia Region. The first draft of this proposed law was present at the 1997 SAARC Law Seminar in New Delhi, modified and then adopted by the 4th Annual Meeting of the Regional Consultation at Dhaka, Bangladesh in 1997. The Refugee and Asylum Seekers (Protection) Bill, 2006 has drawn its fundamentals from the Convention on Refugees, 1951, the Optional Protocol, 1967, the Organization of African Unity Convention Governing the Specific Aspects of Refugees Problem in Africa, 1969 (OAU Convention), the Cartagena Declaration on Refugees, 1984 and the Bangkok Principles. It has also benefited from various conclusions of the EXCOM on different aspects of refugee protection.

77. Presently, the refugees are dealt under the Foreigners Act, 1946 and the rules framed thereunder. Refugees are treated as foreigners under the extant laws of our country. However, it would be extremely important to understand that a refugee cannot be placed the same platform on which illegal migrants, tourists and other 'foreigners' are placed. Tourists and illegal migrants come on their own volition in search of better livelihood or pleasure related purposes whereas refugees are victims of circumstances and have been compelled to leave their country of origin. The categorisation of refugees in the strata of 'foreigners' and not making any distinction between them and illegal migrants and tourists, deprives the refugees of the privileges available to them under the Geneva Convention and other Conventions and treaties.