At the 32nd Session in 1998, the International Civil Aviation Organization Assembly examined the dilemma faced by States concerned to control their borders against passport fraud, while also meeting their obligation to protect refugees. It is widely recognized that carrier liability laws may be relevant to the obstruction of people genuinely at risk from arriving in a safe country and seeking protection as a refugee. Some carriers even now require check-in staff to make decisions on the legality of passenger documentation. This article examines the legal and regulatory regime applicable to inadmissible persons and refugees with a view to determining airline liability for their carriage, and State responsibility for accepting them into their territories. It reviews case law from a number of countries, and recommends that, while airlines bear some responsibility in exercising prudence in the carriage of passengers, States bear still greater responsibility in fulfilling their obligations under the 1951 Convention/1967 Protocol and the 1944 Chicago Convention.

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