Amicus Brief on Non-Refoulement, Complementary Protection & Family Unity
Area of Law: International Refugee Law; Public International Law; International Human Rights Law
Legal Team
- Raza Husain KC, Matrix Chambers
- Eleanor Mitchell, Matrix Chambers
- Ali Al-Karim, Brick Court Chambers
Case Background
In 2018, a Nigerian couple arrived in Colombia. In 2019, they had their first child, who was declared stateless at birth but later granted Colombian nationality. In 2023, they had a second child undergoing the same procedure.
In 2021, the husband applied for asylum for himself and his wife, citing escalating violence in Nigeria targeting Christians, including his family. While their asylum claim was under review, they were granted a temporary visa; however, the claim was ultimately rejected. This left the family without legal protection and in an uncertain situation, despite their two Colombian-born children.
Our Amicus
Our amicus curiae underscores Colombia’s international obligations under the principle of non-refoulement, which prohibits the removal of individuals facing a real risk of serious harm—even if they are not formally recognized as refugees. Colombia must conduct an individualized and thorough assessment before expelling any person at risk.
The brief also highlights the right to family unity and argues that Colombia’s actions constitute violations of multiple fundamental rights, including:
- Family life – Expelling the parents would directly disrupt the family unit.
- Privacy – Arbitrary state interference in family affairs is prohibited under international law.
- Child protection – The best interests of the child must be prioritized, particularly when no alternative residence guarantees family integrity.
Without proper migratory documentation, the family remains vulnerable to expulsion, exposing them to uncertainty and violating international protections on family unity and children’s rights.
The amicus curiae urges Colombia to:
- Conduct a full, individualized assessment of the claimants' case to determine eligibility for complementary protection.
- Implement legal safeguards to protect family unity, particularly when children’s rights are at stake.
- Ensure that no action exposes individuals to harm or family separation.
Implications for Refugee and Migrant Rights
This case sets an important precedent for non-refoulement protections beyond formal refugee status. If upheld, it would reinforce the duty of states to:
- Conduct comprehensive risk assessments before expulsion.
- Uphold family unity as a fundamental human right.
- Protect children from statelessness and forced separation from their parents.
By recognizing these obligations, Colombia can strengthen its commitment to international human rights law and establish greater legal protections for vulnerable migrants.