Public International Law Content
Aliens : Status and Expulsion
It is upto the domestic law to determine rules and conditions of entry by an alien into a state’s territory.
Therefore, the expulsion of an alien from such state territory should also fall under the purview of the domestic law.
Generally states exercise margin of appreciation (discretion) on matters regarding entry or expulsion of aliens. However in case of expulsion such discretion should be exercised on good faith and must be consistent with human rights standards. For example, if expulsion is based on discriminatory grounds such expulsion becomes illegal under international law.
See Ahmadou Sadio Diallo ICJ (2010) for the relationship between state’s margin of appreciation, application of domestic standards and international human rights standards.
Calvo doctrine and Hull Formula