Deportation

Deportation is the process by which a state compels a non-citizen to leave territory under its control, typically to the country of origin or a third country willing to receive them. Deportation is based on immigration law and an administrative or judicial decision, and is distinct from voluntary return or self-imposed exile.

Common grounds for deportation include irregular entry, overstay after a permit or residence authorization expires, rejection of an asylum claim, or conviction of an offense that immigration law designates as grounds for removal. The process typically begins with an order issued by the immigration authority, and the person generally has the right to appeal.

Legal procedure

Most legal systems require deportation to follow clear steps: identification of the person, a decision stating grounds for removal, and enforcement. There is often a detention period while the decision is pending. The receiving country must accept the person, which requires travel documents; if nationality cannot be established or the country of origin refuses, deportation may be delayed for extended periods.

International legal limits

International law defines when deportation is permissible. The principle of non-refoulement, found in the 1951 Refugee Convention, prohibits returning a person to a place where they face risk of persecution or torture. Human rights treaties also prohibit collective deportations that do not assess individual cases, and they encourage consideration of family ties and the best interests of children.

Terminology