A/HRC/4/24
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60.
In Spain, an individualized expulsion procedure is provided by Immigration Law 4/2000
and Royal Decree 2393/2004, which allow for the identification of vulnerable persons such as
refugees and pregnant women. In the case of unaccompanied children, they shall be repatriated
to their own country for their family reintegration or for their protection by the local social
services. Finally, in the case of victims of trafficking, they may be excluded from being
deported if they accept to denounce their traffickers to the authorities.
61.
In the Syrian Arab Republic, the Migration and Passport Services are the competent
authorities to deal with the issue of expulsion procedure. Migrants who have entered Syria
illegally are held in detention until the individual has gone through a judicial process. Should the
individual be expelled, the person will not be able to re-enter the territory.
62.
In Venezuela (Bolivarian Republic of), notification to the National Council for the Child
and Adolescent is required, according to the Law on the Protection of Children and Adolescents.
Question: Does the law in your country allow for the expulsion of non-nationals to countries
other than their countries of origin? If so, has your country entered into any readmission
agreements with third countries to allow for such returns? Please provide details, including in
regard to mechanisms in place for the protection of persons expelled under such agreements.
Responses
63.
Concerning the expulsion of non-nationals to countries other than their countries of
origin, Argentina, Australia, Belarus, Bosnia and Herzegovina, Canada, Ecuador, Germany,
Japan, Moldova, Spain and the Syrian Arab Republic do allow the expulsion to third countries.
64.
In Argentina, the expulsion of non-nationals to a third country is allowed only after the
admission by the said country, while in Australia non-citizens may only be removed to a country
of citizenship or to a country in which they have the right to reside permanently. The relevant
legislative provision governing removal of unlawful non-citizens from Australia is section 198 of
the Migration Act 1958.
65.
In Belarus, a foreigner can be expelled to the State of origin, the State of habitual
residence, the country of transit, a State which is interested in receiving the non-national or to the
State requesting the foreigner’s expulsion from Belarus.
66.
In Bosnia and Herzegovina, the regulations of Law on Movement and Stay of Aliens and
Asylum enable the return of this category of persons to a country of origin or habitual residence.
During the procedure, the principle of non-refoulement is applied. The Government has signed
readmission agreements with nine States. Agreements have also been ratified with eight States.
67.
In Canada, the law allows the expulsion of foreign nationals to countries other than their
country of origin. Protected persons and Convention refugees will not be removed to that
country against which they made their claim, unless Citizenship and Immigration Canada (CIC)
renders a “danger” opinion for serious criminality, security, human rights violations or organized
crime. Canada has in place nine readmission agreements with other countries. The agreements,
however, do not allow for the return to any destination country other than the destinations
specified in the Immigration and Refugees Protection Act.
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