Law · Legal Information · Justice
 

Deportation

The removal of a foreign national under immigration laws for reasons such as illegal entry or conduct dangerous to the public welfare.

In Fong Yue Ting, the United States Supreme Court used these words:

"Strictly speaking, transportation, extradition, and deportation, although each has the effect of removing a person from the country, are different things, and have different purposes.

"Transportation is by way of punishment of one convicted of an offence against the laws of the country. Extradition is the surrender to another country of one accused of an offence against its laws, there to be tried, and, if found guilty, punished.

"Deportation is the removal of an alien out of the country, simply because his presence is deemed inconsistent with the public welfare and without any punishment being imposed or contemplated either under the laws of the country out of which he is sent or of those of the country to which he is taken."

In Reference re Persons of Japanese Race, Justice Estey of Canada's Supreme Court adopted these words:

"Deportation ... as it is applied in law it is a compulsory sending out of, or ... a forcible removal."

In R v Secretary of State for Foreign Affairs and Secretary of State for Colonies, Justice Jenkins wrote:

"The word deportation has implicit in it the taking of the person in question from the country from which he is deported to some other place"

The grounds for deportation varies from country to country.

REFERENCES:

  • Fong Yue Ting v United States 149 US 697 (1893)
  • Reference Re: Persons of Japanese Race 1946 SCR 248
  • R v Secretary of State for Foreign Affairs and Secretary of State for Colonies, ex parte Greenberg (1947) 2 All ER 550, at 555

Are we missing anything? If you think there is a term that should be included, please send us the suggestion

  • Dictionary
  • Resources
  • LawMag

Latest LagMag headlines:

H1N1 Law - Swine Law for a Swine Flu

In a state of public health law anarchy, professional hockey players receive a killer flu vaccine while infants and pregnant women wait.

More...

The Death of the Common Law: Expiry date, 2100

Just about now, but for the economic might of the United States of America, the last funeral bell tolls of the common law would be fading.

More...

Gretzky Law

The recent Phoenix Coyotes debacle, in which he left behind his job, is not the only time Wayne Gretzky has had to leave from the side exit of a courtroom.

More...


Read earlier headlines »
Subscribe to stay in touch »

Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

top