Refugee status is highly relevant but not automatically determinative. Under the 1951 Refugee Convention, states should not return refugees to countries where they face persecution. Courts will give significant weight to a prior asylum decision, particularly if it was based on the same allegations underlying the extradition request. However, the extradition court conducts its own assessment and may receive updated evidence. In some jurisdictions, recognised refugees benefit from a statutory bar on extradition to their country of origin. The legal effect varies considerably between European jurisdictions.
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