Many people have repeatedly heard concepts such as deportation, expulsion and a ban on entry. A simple person who is not very versed in legal terms can easily get confused by answering questions about what it is and what are the differences between deportation and expulsion? Let's analyze these concepts in detail. After reading the article, you will find out what these terms are, and what are the features. Who makes such decisions? What are the deadlines? Are there any procedural differences?
Expulsion: Description
To understand the difference between deportation and administrative expulsion, it is necessary to define the terms. Expulsion is a form of punishment that is assigned and regulated by the norms of the Administrative Code under a specific article (for a specific unlawful act). Applies to migrants in the field of migration law.
The difference between expulsion and deportation is that the former must be executed during the trial without fail. A court ruling on the application of administrative punishment is issued, which is expressed by the imposition of penalties and moving abroad. The event takes place voluntarily or under duress.
Entry ban
To understand the differences between expulsion and deportation, one should not ignore the concept of a ban on entry. This is an administrative restriction of one of the rights, a ban on customs clearance of the Russian Federation, a veto on entry and stay on the territory of the state. The restriction may be short-term or unlimited. This measure is additional and is applied after administrative expulsion or deportation, as well as independently of these two concepts, as an independent element of the legal regulation of the entry of undesirable entities into the territory of the state. It is issued only by departmental papers. This is classified information that has not been disclosed until a certain point.
Deportation
What are the differences between the terms expulsion and deportation? To correctly answer the question, it is necessary to define the term. Forced movement of a person outside the territory of a state entity to the territory of another state is called deportation. The measure may also be voluntary and mandatory. In case of unwillingness to leave the country on a voluntary basis, a force will be applied to the person who is subject to deportation in the form of escorting a person to the state border under escort.
In what cases does this measure apply:
- The person entered the territory of the state in violation of the procedure, that is, illegally.
- It is located within the country according to fake documents.
- Subject violated laws governing residence in the Russian Federation.
- There are no permits giving the right to legal residence. There is no registration card or migration card, respectively.
- Expired validity documents. For example, a tourist or work visa has ended.
Fundamental difference
Deportation and expulsion - is there a difference? At first glance, the measures are quite similar. It seems that the meaning of each concept is the same - the movement of a citizen beyond the boundaries of public education. But, as always, the differences lie in the details. Each legal procedure has significant procedural features.
There are fundamental differences and approaches.The main difference between administrative expulsion and deportation is as follows:
- Expulsion, first of all, is a form of punishment, which implies the onset of legal liability for the committed act. Punishment must be supported by a judicial decision.
- Deportation has a different legal basis - this is a measure of executive influence, which provides control functions in the field of legal stay of foreign citizens in the territory of the state.
Features of each kind
For what each concept is responsible, we found out above. Now it is necessary to clarify certain aspects of the processes. Other procedural differences of expulsion and deportation, the difference is as follows:
- The deportation procedure is the competence of the authorities, which are responsible for the registration and regulation of citizens, both foreign and their own. The decision on the application of this measure is made by the authorized FMS. The criterion for making the decision is a violation of the rules of stay and entry into the territory of the state.
- The expulsion procedure is possible by court order. It applies to citizens of other states located in the country who have committed administrative or other procedurally punishable misconduct.
Features of deportation and expulsion are as follows:
- A certain amount of time is allowed for deportation, during which time it is possible to appeal and appeal a court decision. The law provides for three months to appeal.
- The expulsion takes place immediately after the decision of the FMS inspector. The procedure is categorical. Based on the prescription of the law, ten days are allotted for implementation.
Each procedure is designed to complement the other for more thorough control in the processes associated with the legal and illegal stay in the territory of the state of persons with citizenship of third countries.
Reasons for expulsion
The cardinal differences between expulsion and deportation are described above. In order not to confuse the concept, you need to know the reasons why the authorized FMS apply this measure to foreign citizens:
- A citizen of a foreign state carries out labor activities without a patent or official permission.
- The migrant tried to legalize and register, bypassing legal procedures.
- The man was detained for illegally crossing the state line of demarcation.
- Expired visa, giving the right to employment.
- A citizen of another state has committed an administrative or other misconduct that violates the provisions of applicable law.
- The absence or loss of documents indicating the legal crossing of the customs zone, or the loss of documents certifying legal status.
- Violation of the conditions of temporary residence or residence permit. Refusal to independently leave the state after the expiration of the legal stay.
Reasons why third country nationals can be deported
We continue to understand the differences between deportation and expulsion. There may be several reasons for accessing this procedure:
- The procedure can be started when it is decided that finding a migrant is undesirable.
- Early termination, revocation of documents that allow legal work. Cancellation of residence permit.
- If a migrant commits a criminal offense, which led to the cancellation of permits.
- If the state has refused refugee status.
- An attempt to cross the border of the state with a fake passport.
- In case of violation of the conditions of stay, delay in legal stay under the conditions of visa-free entry.
- The expiration of permits giving the right to legal residence.
Loss of rights, consequences
Before making a decision on labor emigration, each person needs to know about the possible consequences in case of violation of the migration legislation of the host country. The consequences of rash actions can be a rather unpleasant surprise.
When an expulsion measure is implemented for a migrant, the consequences will be as follows:
- As a result of the first application of this measure - a ban on entry for the next five years.
- As a result of the repeated application of the current measure, an entry ban for a period of ten years will be applied.
In the case when deportation is applied:
- If a migrant decreases on his own, then there are no legal restrictions. He receives the legal right to issue permits and come back legally.
- Cases of appeal require special explanation, this will be discussed separately.
As a result - the termination of all permits issued earlier.
Procedure for appealing a decision on deportation
The migrant must come to the court or the FMS department at the place of actual residence. Draw up and submit an application for a postponement of the decision made during the trial and clarification of the reasons, circumstances that were not taken into account when the deportation order was issued.
Reasons for cancellation may include the following:
- It is established that there is a close relative or child with citizenship of the Russian Federation.
- Legalized marriage relations with the holder of a passport of the Russian Federation.
- A migrant is studying at an educational institution of the Russian Federation (University and so on).
- The procedure of examination and treatment in health authorities.
- There is a RVP or residence permit with an expired date.
Not subject to deportation:
- Embassy workers with foreign citizenship.
- Migrants applying for or awaiting a political asylum verdict.
- People with third-country nationalities who cannot return home due to war in their states, epidemics, hunger, quarantine. In those cases when persecution on racial, religious grounds occurs in their state.
Conclusion
Deportation and expulsion - is there a difference? If you study these concepts, it is obvious that these forms perform various functions. A full understanding of this issue, when necessary, will allow you to make the right decisions to protect your rights.