Visa

Annalisa Meloni

Chapter 104 in Elgar Concise Encyclopedia of Migration and Asylum Law, 2025, pp 606-611 from Edward Elgar Publishing

Abstract: Visas are a tool through which states control entry of non-nationals. States use them as they think fit and they embody the absence of a right of entry into a foreign state in international law. In the Global North in particular, visas are used by states to practically nullify a fundamental exception to their discretion to control entry of non-nationals consisting of a right of admission stemming from their obligations of non-refoulement. This is achieved through the combination of the visa as a ‘remote control’ instrument, preventing arrivals at the border, and a narrow, primarily territorial, understanding of jurisdiction under human rights instruments. Furthermore, through technological advances the visa has been developed into a tracking and identification tool, furthering its capacity and contribution to exclude undesirable migrants and leave desirable travellers undisturbed with implications for accountability and rights.

Keywords: Externalization of migration control; Non-refoulement; Right of entry; Humanitarian visas; Biometric passports; Visa information systems; Virtual border (search for similar items in EconPapers)
Date: 2025
ISBN: 9781802204148
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