The Council of Europe’s Division on Migration and Refugees (DMR) issued a new thematic paper providing an overview of the European Court of Human Rights’ case law concerning the entry and expulsion of non-nationals, with particular attention to key issues at the centre of public and political debate.
The first part of the paper addresses entry, covering the requirements for the applicability of the Convention, especially regarding extraterritorial migration controls - as well as border procedures and the prohibition of collective expulsion. It also examines detention and reception conditions, including those in border areas.
The second part focuses on expulsion and analyses several critical issues, including the risk of ill-treatment faced by individuals subject to expulsion; implications for family rights; and concerns relating to the severe illness of non-nationals facing removal. Each chapter includes a section reviewing other international standards and the case law of international courts and UN treaty bodies, providing a valuable comparative perspective.
