Impediment to expulsion, or prohibition of deportation, are practical or legal barriers that prevents a country from enforcing an

expulsion Expulsion or expelled may refer to: General * Deportation * Ejection (sports) * Eviction * Exile * Expeller pressing * Expulsion (education) * Expulsion from the United States Congress * Extradition * Forced migration * Ostracism * Persona non ...

deportation Deportation is the expulsion of a person or group of people from a place or country. The term ''expulsion'' is often used as a synonym for deportation, though expulsion is more often used in the context of international law, while deportation ...

decision of a non-national. In some countries and cases, a person who has been

asylum seeker An asylum seeker is a person who leaves their country of residence, enters another country and applies for asylum (i.e., international protection) in that other country. An asylum seeker is an immigrant who has been forcibly displaced and mi ...

but has received negative decision, may still be entitled to reside in the country where the person has applied for a

residence permit A residence permit (less commonly ''residency permit'') is a document or card required in some regions, allowing a foreign national to reside in a country for a fixed or indefinite length of time. These may be permits for temporary residency, or p ...

due to such impediments, and may get a temporary or permanent residence permit. In other countries and cases, the person would be considered an 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 Non-refoulement () is a fundamental principle of international law that forbids a country receiving asylum seekers from returning them to a country in which they would be in likely danger of persecution based on "race, religion, nationality, member ...

in the international

Refugee Convention The Convention Relating to the Status of Refugees, also known as the 1951 Refugee Convention or the Geneva Convention of 28 July 1951, is a United Nations multilateral treaty that defines who a refugee is, and sets out the rights of individuals ...

. The

European Court of Human Rights The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a ...

, referring to the

European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by t ...

, 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.

References

{{reflist Immigration law">Search results on "Impediment to expulsion" in the European Court of Human Rights archive

References

{{reflist Immigration law