The Notion of Lack of Protection in Refugee Cases

According to 1951 UN Convention relating to the Status of Refugees, a refugee is a person who, among other elements, "is unable or … unwilling to avail himself of the protection of " the country of his nationality. At the first glance, it seems that this element is dependent on the will of the refugee applicant, yet in dealing with refugee cases it has been construed as the lack of the protection which the states areobliged to provide to their nationals. Therefore, the status of a refugee for being unable or unwilling to avail himself under the protection of a State is not proved unless the will of The State for not providing him the protection is demonstrated. To this end, the refugee applicant should, while not having the possibility of resorting to the principle ofinternal flight, have demanded the protection from the state and also been outside the country of his nationality.