>Of course they could. Being an "illegal immigrant" does not imply unlawful border crossing.
Same difference. Whether it's border crossing or visa overstay, from a pure legality aspect the answer is still "they couldn't".
>The contracting states shall not... impose penalties on refugees who entered illegally in search of asylum if they present themselves without delay (Article 31), which is commonly interpreted to mean that their unlawful entry and presence ought not to be prosecuted at all
I'd wager 99% do not "present themselves without delay", so don't fall in this case...
Same difference. Whether it's border crossing or visa overstay, from a pure legality aspect the answer is still "they couldn't".
>The contracting states shall not... impose penalties on refugees who entered illegally in search of asylum if they present themselves without delay (Article 31), which is commonly interpreted to mean that their unlawful entry and presence ought not to be prosecuted at all
I'd wager 99% do not "present themselves without delay", so don't fall in this case...