Friday 29 June 2018, Leiden
Institute of Immigration Law, Leiden University
Specialisten Vereniging Migratierecht Advocaten
Irregular migrants who do not enjoy a status of lawful residence in a host state are in a particularly vulnerable position. They are often denied basic social and economic rights and are under the constant threat of being caught by the immigration authorities who seek the termination of their unlawful residence. The Member States of the EU are confronted with a significant number of irregular migrants. In this symposium, the prospect of irregular migrants who have lived in the host state for a long time to obtain lawful residence through regularisation is discussed from the perspective of the human right to respect for private life under Article 8 of the European Convention on Human Rights. Even though the European Court of Human Rights consistently emphasises that the competence to decide on the entry and residence of foreign nationals, there have been a number of cases in which the Court has held that the state is obliged to provide for lawful residence. At the same time, some Member States have provisions in domestic immigration law providing for the regularisation of irregular migrants. To what extent is there a positive obligation to provide lawful residence? Under what circumstances could such an obligation exist? Could the EU Returns Directive provide for a legal basis for regularisation of these migrants? The objective of the symposium is to investigate the potential of the right to private life under Article 8 ECHR for the regularisation of irregular migrants.