النظام القانوني لإبعاد الأجانب : دراسة حالة السودان

Abstract

Abstract Expulsion is a sovergeign act by which a state can order any allien resident in it to leave the country. This act may occur in different forms and as a result of certain causations. All legal aspects relating to expulsion forms the main field of study of this research. As far as expulsion is an interdiscip linary issue this research handled it both from international law point of view, likewise the domestic law. Laws of the Sudan regulating expulsion in comparison with the laws of some selected Arab states in addition to the ideas of different representatives of Sharia School of law were also discussed. This research reviewed expulsion and the legal complications arising fiom it in the West literature paying especial attentian to the internal and international mechanisms dealing with it in an attempt to highlight the most important areas of the issue in question. This research contained three chapters, As follows: ' Chapter one is a prelude which discussed the problematic of the definition of the term alien, The extent of his enjoying rights and burdening of duties. It also aimed at giving a specific limitation between the legal status of the citizen and the alien, as expulsion can be practisced only upon the latter, as legal theory and practise show. This needed to explain varioustypes pertaining to the treatment of aliens, in order to reveal the method of enjoyment of different rights such as: public, private and political rights. ' Chapter two was dedicated to explore the mechanism of expulsion in international law and Islamic law. This include the definition of the tenn expulsion in comparison with other similar termsuch as: deportation extradition, detention, renoition, redemption, repatriation and denial of entry. This chapter is divided into two sections: Section one deliberated the expulsion system in intemational law, its sources general rules, and the method of contesting acts in accordance with the international legal regulation I.e. arbitration, diplomatic. Protection the second section exposed the stance of the Sharia School of law vis-a-vis expulsion. ' Chapter three discussed expulsion in the Sudanese legal system in comparison with other Arab state. This took the form of identifying the method of entry of aliens, the legal nature of the administrative decision of deportation, the authority which has the competence to issue the act of expulsion, the fixed procedures which must be followed, method of contesting acts and the impact of expulsion upon the expelled alien. This chapter also included discussion of problematies of both expulsion and deportation and the means of solving them. After the deliberation of the item in question recommendations had to be coined:- 1- There is need to amend some provisions of the Sudanese law so as to cope up with the international ligislation of human rights in order to grant aliens the right of defence and the possibility of contesting the act of the Minister. 2- It recommended to grant alien a period 0f- grace in case of non- possibility of execution. -3- The judicial precedents pertaining to the decision of expulsion may be defussed or published, so as to benefit from them in the subsequent legal researches and studies. The research concluded with a list of the most important references.