Entry Ban

Izabella Majcher

Chapter 21 in Elgar Concise Encyclopedia of Migration and Asylum Law, 2025, pp 120-124 from Edward Elgar Publishing

Abstract: An entry ban is a prohibition for an expelled person to return to the expelling country, typically for a specific period of time. It is comprised of two measures: a decision on the entry ban and its potential enforcement in the future through refusal of entry at the border or denial of a visa. An entry ban is inherently punitive. Unless the person poses an individually assessed risk to state security or public safety, banning their return aims predominantly at punishing them for staying in an irregular situation. The use of an entry ban can be incompatible with the principle of proportionality and individual assessment, particularly when it is accompanied by a return decision issued just after the rejection of an asylum application or refusal to renew a residence permit. Both measures making up entry ban rely on traditional sovereignty prerogatives. Nevertheless, entry ban is subject to human rights norms, in particular the right to family and private life, best interests of the child, principle of non-refoulement, and procedural safeguards.

Keywords: Non-refoulement; Right to family and private life; Best interests of the child; Data protection; Proportionality; Return/expulsion (search for similar items in EconPapers)
Date: 2025
ISBN: 9781802204148
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