Примеры использования Ground for expulsion на Английском языке и их переводы на Русский язык
{-}
-
Official
-
Colloquial
This ground for expulsion may be imputed to the alien's entire family.
Loss of the right of asylum is a ground for expulsion from the territory of Portugal.
It is apparent fromboth their former and their recent practice that many States clearly consider imprisonment a ground for expulsion.
The idea that a patient may not constitute per se a ground for expulsion is corroborated by the domestic laws of some countries.
It must be noted that violation of internallaw on entry and stay(immigration law) constitutes the most common ground for expulsion.
However, it has been suggested that the national security ground for expulsion may be subject to a requirement of proportionality.
It might be necessary, however, to distinguish between aliens who entered the territory of the expelling State legally and those who entered illegally,since illegal entry could constitute a ground for expulsion per se.
With respect to international organizations,the duty to provide the ground for expulsion was addressed within the framework of the League of Nations.
Paragraph 3 indicated that the ground for expulsion must not be contrary to international law, while paragraph 4 listed a number of requirements relating to the assessment of the ground by the expelling State.
The Court of Justice of the European Communities has considered public order as a ground for expulsion in a series of cases.
In some instances, this ground for expulsion may be extended to the unlawful activity of an alien in a State other than the territorial State.
Draft article 5, paragraph 2, sets out the fundamental requirement that the ground for expulsion must be provided for by law.
Procedural guarantees should probably be identical for all persons being expelled,whereas the illegal status of an alien should be viewed not as a ground for limiting procedural rights but as a material ground for expulsion.
Nonetheless, it has been suggested that international law does not prohibit this ground for expulsion in the absence of a treaty obligation.
The ground for expulsion for those otherwise lawfully present shall be assessed in good faith and reasonably, taking into account the gravity of the facts and in the light of all of the circumstances, including the conduct of the alien in question.
Failure to comply with the national law of the territorial State, including its criminal law,is a ground for expulsion according to the legislation of several States.
The ground for expulsion shall be assessed in good faith and reasonably, taking into account the gravity of the facts and in the light of all of the circumstances, including the conduct of the alien in question and, where relevant, the current nature of the threat to which the facts give rise.
The view has been expressed that the application of ordre public by a State as a ground for expulsion must be measured against human rights standards.
The ground for expulsion shall be assessed in good faith and reasonably, in the light of all the circumstances, taking into account in particular, where relevant, the gravity of the facts, the conduct of the alien in question or the current nature of the threat to which the facts give rise.
The criterion of"the current nature of the threat" mentioned in fine is particularly relevant when the ground for expulsion is a threat to national security or public order.
International law would be relevant to a determination of the lawfulness of the ground for expulsion at least to the extent that it provides a relevant standard either with respect to certain aliens(e.g. refugees) or certain grounds e.g. prohibition of racial discrimination.
Such a risk hardly exists, given that paragraph 2 of draft article 5 is worded in such a way that it may authorize expulsion for violation of legislation on the entry and residence of aliens;"the unlawful presence of an alien" would necessarily be contrary to that legislation andwould therefore constitute a ground for expulsion.
At the international level, since the international conventions which refer to public security as a ground for expulsion are silent with regard to its definition, we should turn our attention to jurisprudence.
A breach of the conditions for admission as a ground for expulsion may be broadly defined as illegal residence or presence, a lack of grounds to justify the alien's stay, the alien's undesirability, a violation of any part of the relevant law, or the violation of any condition of stay or residence.
While that suggestion is seductive from a theoretical standpoint, in practice, the administrative and judicial phases are not always clearly distinguishable. An act in the administrative phase could give rise to a judicial procedure, without prejudice to the recourses that the alien subject to expulsion may have on the merits,including the ground for expulsion.
Despite the broad discretion of States in assessing threats to national security,some authors believe that the national security ground for expulsion may be subject to a requirement of proportionality:"Some treaties require States not to expel aliens, unless there are specific reasons e.g., national security.
The latter phrase refers in particular to draft article 5,paragraph 3, which states that the ground for expulsion must be assessed in good faith and reasonably, in the light of all the circumstances, taking into account in particular, where relevant, the gravity of the facts, the conduct of the alien in question or the current nature of the threat to which the facts give rise.
Grounds for expulsion provided for in national legislation.
Grounds for expulsion 26.