8.3 Prospects for Refugee Law in Nepal

The present framework (the honest audit): the no-refugee-statute reality (the dedicated law's absence — the bill-drafting's on-off history; the legislative proposals' unenacted line); the Immigration Act 2049's default (the refugee's formal absence — the "illegal immigrant" classification; the mandate-refugee's formal unlawfulness — the detention cases' root); the ad-hoc executive practice (the GoN-UNHCR cooperation's standing arrangement — the governance-by- accommodation critique); the treaty's non-accession (the 1951-and-1967's non-party status — the Asia's gap's member). The prospects' case (the exam's essay): The accession's case: the customary non-refoulement's already-binding force (the SC's jurisprudence) — the accession as the obligations' codification; the international standing's gain (the rights-committee's record; the federal republic's constitutional rights (the Art 30-type protections' extension)); The statute's case: the 2023 scandal's lesson (the fraud's enablement by the unregulated status); the mandate-caseload's regularisation (the certificates' legal basis); the constitutional values (the rule-of-law-and-rights architecture); the regional case: the South Asian mechanism's advocacy (the SAARC-and-SACEP faces of LAW410-U5's world — the regional refugee framework's proposals); the Global Compact's pull (the responsibility-sharing's engagement); the obstacles' honesty: the political sensitivity (the giant-neighbours' relations — the Tibetan caseload's delicacy); the resource-fears (the pull-factor argument); the bureaucracy's inertia. The conclusion's craft: Nepal's paradox — the practice's generosity (the settlements, the camps, the world's biggest resettlement) + the law's absence (the statute-less, treaty-less governance) — the prospects' question as the…