Controlling the Discretion to Expel under Article 32 of the 1951 Convention relating to the Status of Refugees: Comments on the Meaning of Terms, particularly ‘Public Order’ and ‘Ordre Public’, and on the Importance of Judicial Control

States enjoy a certain discretion in the interpretation and application of their power to expel refugees under article 32 of the 1951 Convention. Terms such as ‘national security’ and ‘public order/ordre public’ remain relatively undefined, but must be given content in light of the particular circumstances, including those of the individual and his or her status as a refugee. Legislative developments in France and in the European Union confirm that, while national security and public order/ordre public continue to be prominent in the catalogue of control, domestic and European Union case law demonstrates how their use may be controlled consistently with the due process requirements of lawfulness, reasonableness, and proportionality, and with the protection of fundamental rights.