The underlying assumption in the protection paradigm set out in the 1951 Geneva Convention is that only states can effectively grant protection to refugees, essentially replacing a State of nationality that fails to do so. But what happens when a refugee — who has been granted asylum — finds himself not only outside “the country of his nationality,” but also outside his State of asylum? Once deemed highly theoretical, such cases have in fact occurred, prompting a number of complex issues. Although admittedly still far from being part of customary international law, Article 8 of the 2006 ILC Draft Articles on Diplomatic Protection suggests that States could act on behalf of refugees to whom they granted asylum. This paper seeks to set out the conditions for such exercises of diplomatic protection on behalf of non-nationals and the limits of governmental discretion in the exercise of such a power.