Vyhostenie

Vyhostenie is the act by which a state forces a person to leave its territory. It usually targets foreign nationals or stateless persons and is used for reasons related to public order, national security, immigration status, or criminal activity. In practice, vyhostenie can take the form of deportation, expulsion, or refusal of entry or residence. It is typically carried out by administrative or judicial decision and often requires formal notice and a stated rationale.

Legal frameworks governing vyhostenie combine domestic law with international standards. States may rely on their sovereignty to regulate entry and residence, subject to constitutional protections and due process. International law imposes safeguards to prevent abuse, including non-discrimination and, in certain contexts, protections against refoulement—prohibiting expulsion to a country where a person faces persecution, torture, or serious harm. International refugee and human rights instruments also influence procedures, ensuring that decisions are fair, proportionate, and subject to review or appeal.

Procedural safeguards commonly associated with vyhostenie include the right to legal representation, access to evidence, a reasoned decision, and an opportunity to challenge the decision before administrative or judicial authorities. Some cases require risk assessments, consideration of the person’s ties to the country, and potential consequences such as statelessness or family separation.

Historical and contemporary use of vyhostenie spans diplomatic expulsions of foreign diplomats to the removal of individuals from a country for immigration violations or criminal inadmissibility. While it is a tool of state sovereignty, its application is scrutinized under human rights and asylum protections to prevent abuse and ensure fair treatment.

See also: deportation, expulsion, banishment, extradition, non-refoulement, asylum.