The panel granted the Department of Homeland
Security’s motion for a stay of the district court’s
preliminary injunction in an action challenging the Migrant
Protection Protocols.
Article 4 of Protocol No. 4 Prohibition of collective expulsion of aliens - Collective expulsion of Georgian nationals by Russian authorities from October 2006 to January 2007: administrative practice in breach
While every State had the right to establish its own immigration policy, problems with managing migration flows could not justify practices incompatible with the State’s obligations under the Convention.
The expulsions of Georgian nationals during the period in question had not been carried out following, and on the basis of, a reasonable and objective examination of the particular case of each individual. This amounted to an administrative practice in breach of Article 4 of Protocol No. 4.
Article 33 - Inter-State application - Collective expulsion of Georgian nationals by Russian authorities from October 2006 to January 2007
Several other violations found