In what cases can expulsion from a country violate your human rights?

There is protection available against arbitrary expulsion from a country – substantive protection against return that would result in human rights violations, as well as procedural safeguards, such as the right to challenge your expulsion.

What human rights violations could there be?

Expulsion may violate your right to respect for your private and family life, enshrined in the European Convention on Human Rights. The case law of the European Court of Human Rights (Butt v. Norway, Üner v. the Netherlands) has clarified the criteria which have to be taken into account when assessing whether expulsion would violate private and family life.

Expulsion may violate your right to freedom from torture or inhuman or degrading treatment or punishment. The European Court of Human Rights has confirmed that since prohibition of torture is absolute and contains no exceptions, no one can be returned to a country where they would face torture, even if the person does not qualify as a refugee (Soering v. United Kingdom).

How to complain

If you believe that your expulsion is unfair, you have the right to challenge it in the Administrative Court. Read more about how to complain.

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Last updated 15/04/2023