Impediment to expulsion
Impediment to expulsion,undocumented (also known as illegal or irregular) immigrant, or may be in an undefined legal state.
Examples of impediments to expulsion in certain countries are:
- The home country refuses to receive the person.
- The foreigner's identity was not established.
- Transport is not possible.
- Serious difficulties would arise due to the foreigner's health condition
- New asylum reasons occur after the deportation decision, with reference to the principle of non-refoulement in the international Refugee Convention. The European Court of Human Rights, referring to the European Convention on Human Rights, has shown in a number of indicative judgments that there are enforcement barriers to expulsion to certain countries, for example due to the risk of torture.[4]
References
- ^ "Impediments to the expulsion of non-nationals - Research Portal | Lancaster University".
- ^ http://www.emnsweden.se/download/18.5bc6881815e14db67502902/1512135890805/EMN-AHQ_2017.1188_SE_practical_impediments_of_enforcement_and_residence_for_tcns.pdf [bare URL PDF]
- ^ "Refugees and asylum seekers: Humanitarian migration in Germany | European immigration migration law | News". www.migrationsrecht.net. 2014-09-08. Archived from the original on 2014-09-08. Retrieved 2022-02-05.
- ^ "fulltext":["impediment to expulsion","kpthesaurus":["350"]} Search results on "Impediment to expulsion" in the European Court of Human Rights archive