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

There are protections 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 sets the criteria which have to be taken into account when assessing whether expulsion would violate the right to 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.

How to complain

If you believe that your expulsion is unfair, you have the right to challenge it in the Administrative Court.

Resources

Last updated 05/07/2024