The impact of recent changes on the policy of deporting foreigners in Iraqi and Egyptian law

Abstract

Abstract : It is certain that the state can exercise all aspects of its sovereignty over its territory, whether internal or external sovereignty. The manifestations of internal sovereignty are manifested in the state’s freedom to dispose of internal affairs, organize its government and public facilities, and impose its authority over all persons and things on its territory. Consequently, no other state or entity may exercise its authority in the state’s territory. It is stipulated in international law that the state has the right to organize aspects of human life within its territory with the aim of achieving security, justice, and prosperity. Among the requirements for achieving security are regulating the entry and residence of foreigners in the state’s territory and preventing the entry of foreigners whose presence is not desired on its territory, as well as deporting any foreigner present on its territory if he appears to pose a threat to security, order, morals, public health, the national economy, or other reasons that justify the use of this hatred without exaggeration or control. Therefore, deportation and consideration of its danger have procedural and objective requirements within the framework of the legal principles of deportation that must be taken into account to ensure For the integrity of the procedures in light of the state’s exercise of its authority in making the deportation decision and the effects resulting from it, which allows the judiciary to extend its control over deportation decisions to demonstrate their legitimacy and conformity with the correct rule of law, as the matter seems precise if the legislator brought the bait in the deportation decisions before the judiciary, which negates the judicial guarantee. We also discussed the position of Iraqi law on the deportation decision, as the legislator organized deportation in Chapter Five of the Foreigners’ Residence Law No. 76 of 2017 and specified the authority competent for deportation, its procedures, reasons and effects,