See Omar v Minister for Home Affairs [2019] FCA 279, [55]:
The non-refoulement obligations in Art 33 also extend to individuals in respect of whom a determination of refugee status is yet to be made. This was emphasised by French J (as his Honour then was) in Patto v Minister for Immigration and Multicultural Affairs[2000] FCA 1554; 106 FCR 119 at [28], where his Honour stated that “[a]s a matter of necessary implication, [Art 33] will apply to persons seeking protection under the Convention whose entitlement has not been established”, and that “[t]he obligation of non-refoulement is of fundamental importance notwithstanding that individuals may not have been recognised as refugees”.