Article 1 of Additional Protocol No. 7 to the ECHR

Article 1 of Additional Protocol No. 7 to the ECHR offers protection in the case of an alien residing in a foreign territory lawfully, but who has to leave it against his will. In that case the person concerned has a range of procedural rights at their disposal which should provide an opportunity to submit substantive-legal reasons against expulsion before a competent institution conducting a lawfully prescribed procedure. In that way the competent institution, if nothing else, has the possibility to order an expulsion being fully aware of the consequence of that act.²⁰⁵⁶ To be more precise, an individual is entitled to (a) submit reasons against expulsion, (b) to have one’s case reviewed, and (c) to be represented for these purposes before the competent authority or a person or persons designated by that authority.

According to Article 1 of Additional Protocol No.7 to the ECHR, protection may be requested not only in cases in which an expulsion by force has already taken place but the protection must be provided as soon as there is a decision ordering expulsion or any other serious threat of expulsion. A more restrictive interpretation of Article 1 of Protocol No. 7 to the ECHR would result in an unsatisfactory protection of the alien’s right. The procedural requirements can only be satisfied if an applicant may challenge his expulsion while still being in the country of which he was a lawful resident. Upon the completion of the proceedings the procedural rights become illusory.²⁰⁵⁷