Impediment to expulsion

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Impediment to expulsion [1] [2] [3] are practical or legal barriers that prevents a country from enforcing an expulsion or deportation decision of a non-national.

Examples of impediments to expulsion in certain countries are:[ citation needed ]

In some countries and cases, a person who has been asylum seeker but has received negative decision, may still be entitled to reside in the country where the person has applied for a residence permit due to such impediments, and may get a temporary or permanent residence permit.[ citation needed ]

Related Research Articles

An asylum seeker is a person who leaves their country of residence, enters another country, and makes in that other country a formal application for the right of asylum according to the Universal Declaration of Human Rights Article 14. A person keeps the status of asylum seeker until the right of asylum application has concluded.

<span class="mw-page-title-main">Forced displacement</span> Coerced movement of a person or persons away from their home or home region

Forced displacement is an involuntary or coerced movement of a person or people away from their home or home region. The UNHCR defines 'forced displacement' as follows: displaced "as a result of persecution, conflict, generalized violence or human rights violations".

The right of asylum, sometimes called right of political asylum, is a juridical concept, under which people persecuted by their own rulers might be protected by another sovereign authority, such as a second country or another entity which in medieval times could offer sanctuary. This right was recognized by the Ancient Egyptians, the Greeks, and the Hebrews, from whom it was adopted into Western tradition. René Descartes fled to the Netherlands, Voltaire to England, and Thomas Hobbes to France, because each state offered protection to persecuted foreigners. Contemporary right of asylum is founded on the non-binding Universal Declaration of Human Rights.

Immigration law includes the national statutes, regulations, and legal precedents governing immigration into and deportation from a country. Strictly speaking, it is distinct from other matters such as naturalization and citizenship, although they are sometimes conflated. Countries frequently maintain laws that regulate both the rights of entry and exit as well as internal rights, such as the duration of stay, freedom of movement, and the right to participate in commerce or government.

<span class="mw-page-title-main">Swedish nationality law</span>

Swedish nationality law determines entitlement to Swedish citizenship. Citizenship of Sweden is based primarily on the principle of jus sanguinis. In other words, citizenship is conferred primarily by birth to a Swedish parent, irrespective of place of birth.

<span class="mw-page-title-main">Asylum in the United States</span> Overview of the situation of the right for asylum in the United States of America

The United States recognizes the right of asylum for individuals seeking protections from persecution, as specified by international and federal law. People who seek protection while outside the U.S. are termed refugees, while people who seek protection from inside the U.S. are termed asylum seekers. Those who are granted asylum are termed asylees.

The Russian Federation's Law on Refugees defines who is a refugee for purposes of obtaining asylum in the country. The Law defines a refugee as a "person who is outside their country of nationality or habitual residence; has a well-founded fear of persecution because of their race, religion, nationality, membership in a particular social group or political opinion; and is unable or unwilling to avail themself of the protection of that country, or to return there, for fear of persecution". Upon receiving an asylum seeker's application, the Russian Migration Service determines whether the asylum seeker meets the legislative definition of a "refugee" and should be granted asylum.

<span class="mw-page-title-main">Immigration to Europe</span>

Immigration to Europe has a long history, but increased substantially after World War II. Western European countries, especially, saw high growth in immigration post 1945, and many European nations today have sizeable immigrant populations, both of European and non-European origin. In contemporary globalization, migrations to Europe have accelerated in speed and scale. Over the last decades, there has been an increase in negative attitudes towards immigration, and many studies have emphasized marked differences in the strength of anti-immigrant attitudes among European countries.

<span class="mw-page-title-main">Immigration to South Africa</span>

South Africa experiences a relatively high influx of immigration annually. As of 2019, the number of immigrants entering the country continues to increase, the majority of whom are working residents and hold great influence over the continued presence of several sectors throughout South Africa. The demographic background of these migrant groups is very diverse, with many of the countries of origin belonging to nations throughout sub-saharan Africa. A portion of them have qualified as refugees since the 1990s.

The largest immigrant groups in Switzerland are those from Germany, Italy, France, the former Yugoslavia, Albania, Portugal and Turkey, including Turks and Kurds. Between them, these six groups account for about 1.5 million people, 60% of the Swiss population with immigrant background, or close to 20% of total Swiss population.

Denmark has seen an increase in immigration over the past 30 years, with a large part of the immigrants originating from non-Western countries. As of 2014, more than 8 percent of the population of Denmark consists of immigrants. As of Q2 of 2022, the population of immigrants is 652,495, excluding Danish born descendants of immigrants to Denmark. This shift in demographics has posed challenges to the nation as it attempts to address cultural and religious differences, labour shortages, employment gaps, education of immigrants and their descendants, spatial segregation, crime rates and language abilities. More recent Danish policy toward immigrants has become more harsh with some calling the policies far-right.

The right of asylum for victims of political persecution is a basic right stipulated in the Constitution of Germany. In a wider sense, the right of asylum recognises the definition of 'refugee' as established in the 1951 Refugee Convention and is understood to protect asylum seekers from deportation and grant them certain protections under the law. Generally, these protections are a part of the asylum procedure itself and are verified by the Federal Office For Migration and Refugees without any further application.

Uniquely, the Norwegian archipelago of Svalbard, located in the High Arctic, is an entirely visa-free zone. However, travelers who have a visa requirement to enter mainland Norway/the Schengen area must have a Schengen visa if they travel via mainland Norway/the Schengen area. This must be a double-entry visa so they can return to mainland Norway/the Schengen area.

Immigration to Malta has increased significantly over the past decade. In 2011, immigration contributed to 4.9% of the total population of the Maltese islands in 2011, i.e. 20,289 persons of non-Maltese citizenship, of whom 643 were born in Malta. In 2011, most of migrants in Malta were EU citizens, predominantly from the United Kingdom.

In Azerbaijan, migration policy is handled by the State Migration Service, and appropriate departments of Ministry of Labor and Social Protection of Population, Ministry of Healthcare, Ministry of Foreign Affairs, Ministry of İnternal Affairs, State Border Service, State Committee of Republic of Azerbaijan for Refugees and IDPs and State Security Service. Migration Code, Law on Citizenship, Law on Immigration are the foundations of migration policy in Azerbaijan. An independent migration office - State Migration Service was established on March 19, 2007 to regulate fast-paced migrant and prepare comprehensive and efficient migration policies.

<span class="mw-page-title-main">Turkish migrant crisis</span> Migrant crisis experienced by the Republic of Turkey in the 2010s

The Turkish migrant crisis, sometimes referred to as the Turkish refugee crisis, was a period during the 2010s characterised by a high number of people migrating to Turkey. Turkey received the highest number of registered refugees of any country or territory each year from 2014 to 2019, and had the world's largest refugee population according to the United Nations High Commissioner for Refugees (UNHCR). The majority were refugees of the Syrian Civil War, numbering 3.6 million as of June 2020. In 2018, the UNHCR reported that Turkey hosted 63.4% of all "registered Syrian refugees."

The migration and asylum policy of the European Union is within the area of freedom, security and justice, established to develop and harmonise principles and measures used by member countries of the European Union to regulate migration processes and to manage issues concerning asylum and refugee status in the European Union.

<span class="mw-page-title-main">Title 42 expulsion</span> Type of removal of persons by the US government

A Title 42 expulsion is the removal by the U.S. government of a person who had recently been in a country where a communicable disease was present. The extent of authority for contagion-related expulsions is set out by law in 42 U.S.C. § 265. During the COVID-19 pandemic, the Centers for Disease Control and Prevention (CDC) under the Trump administration used this provision to generally block land entry for many migrants. This practice was initially continued by the Biden administration before the program was terminated with the end of the COVID-19 national emergency on May 12, 2023. Title 42 of the United States Code includes numerous sections dealing with public health, social welfare, and civil rights, but, in the context of immigration, the phrase "Title 42" came to be used to refer specifically to expulsions under section 265.

Asylum law in Switzerland is the responsibility of the Swiss Confederation, while the cantons are responsible for implementing the decisions of the State Secretariat for Migration (SEM).

Switzerland's asylum residence permits are varied and grant very different rights. Any foreigner staying in Switzerland for more than three months must have a residence permit. On arrival in Switzerland, an asylum procedure can be opened by a simple request at an airport or border crossing. Since March 1, 2019, asylum procedures have been carried out in six areas of the country. A Federal Center for Asylum Seekers (CFA), responsible for procedural tasks, is located in each of them.

References

  1. "Impediments to the expulsion of non-nationals - Research Portal | Lancaster University".
  2. http://www.emnsweden.se/download/18.5bc6881815e14db67502902/1512135890805/EMN-AHQ_2017.1188_SE_practical_impediments_of_enforcement_and_residence_for_tcns.pdf Archived 2022-02-06 at the Wayback Machine [ bare URL PDF ]
  3. "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.