The Alien Residence Act

(c) Enabling a person who is not a national or a permanent resident to remain in the State concerned without complying with the necessary requirements for legally remaining in the State by the means mentioned in subparagraph (b) of this paragraph or any other illegal means.

The Commission was nevertheless invited to reconsider the requirement of both lawful and habitual residence, as this set too high a threshold and could lead to a lack of effective protection for the individuals involved.

While the family has remained in Australia for 14 years, it has been there without lawful authority.

On applying for Dutch nationality, he or she must have a residence permit, have resided legally in the Kingdom for five years and there must be no objections to granting permanent residence.

When the five years of legal residence are completed, an immigrant automatically gains the inalienable right to permanent residence. The host country cannot deny this right even if an immigrant has no health insurance and no resources to live on.

When selecting their place of residence, women, because of traditional reasons, choose to live in their husband's place of residence.

During the short periods in which their status in Australia was lawful, they availed themselves of all procedural guarantees and instituted all proceedings available at law to them.

This code deals with the conditions of entry and residence and stipulates the legal procedures aimed at combating illegal immigration.

He has not been able to challenge the lawfulness of his detention.

Aliens legally in the country also have access to health care in accordance with the Law on Health Insurance (N I 1343 of 21 May 1996) and those who have permanent residence permits to social security services.

Substantive issues Arbitrary detention right to take proceedings before court to challenge lawfulness of detention

Foreign nationals who are residing illegally in the Netherlands and who are victims of trafficking in human beings can obtain a temporary residence permit for the duration of the legal proceedings against a suspect, if they report the trafficking in human beings.

2.1 In 1987, the authors, both at that time illegally in Australia after their temporary permits had expired, started a relationship.

Cohabitation had no legal status.

After proceedings have been concluded they may also be eligible for a permanent residence permit on humanitarian grounds, if their personal circumstances give rise to this.

She cannot contact legal counsel, and consequently she cannot challenge the lawfulness of her detention.

Article 4 To enjoy the protection of law and to be treated in accordance with law is the inalienable right of every citizen, wherever he may be, and of every other person for the time being within Pakistan.

The office also continued to provide legal advice to the local population, to monitor court trials and to visit detention centres.

However, no person at risk of torture may be refused a residence permit (chapter 3, section 3, of the Act).

i. Dependent residence status

The primary objective of this legislation is to prevent people entering into matrimony for the sole purpose of obtaining residence in the Netherlands.

There were still several hundred detainees in administrative detention for periods renewable indefinitely.

He has had no judicial recourse to contest the lawfulness of his detention.

She could also apply for permanent residence under the Live in Caregiver Programme.

As at 29 July 2005, all families with children were moved from immigration detention facilities and placed in the community under residence determination arrangements. This is in line with a number of legislative changes to the Migration Act 1958 that came into effect on 29 June 2005, in order to ensure that the current immigration detention policy is administered with greater flexibility, fairness and in a more timely manner.

In all other cases, continued residence will only be allowed if there is a combination of compelling humanitarian reasons for doing so.

The Committee urges HKSAR to amend its legislation to provide for the right to education of all school age children in its jurisdiction, including children of migrants without the legal right to remain in HKSAR.

The fact that asylum seekers cannot legally remain in the country during the time given by the law for them to appeal a decision against granting refugee status is of concern to the Committee.

There has also been a case of death in detention through injuries consistent with torture in Al Fasher.

On the other hand, countries retain the legitimate right to self defence in accordance with the United Nations Charter.

The Government has also promulgated a new code, No. 03 02, regulating the entry of foreigners to Morocco, their residence, as well as illegal immigration.

For the conditions of applying for residence permit, the above regions generally said that the applicants need to live more than six months and meet one of these three requirements having legitimate and stable employment, having legal and stable residence and continuous study.

As a rule, they claim that they came here by their own free will, that they did their best to meet all requirements prescribed by law for a legitimate stay, that they were fine, that they had the opportunity to earn some money, that they did not want to return to their country because they were faced with poverty there, or unsettled family conditions, etc.

One detainee had reportedly been detained in this manner for eight years, without access to a lawyer.

If a relationship or stay in the Netherlands has lasted more than three years, continued residence is permitted.

In addition, prompt and effective oversight of detention by a judge or other officer authorized by law to exercise judicial power must be ensured to verify the legality of the detention and to protect other fundamental rights of the detainee.

During the trial, the mother admitted that, if she was not allowed to move to India with her child, she would stay in Australia in order to keep custody of her.

Article 26 extends rights and duties applicable to citizens of Ukraine to foreign nationals and stateless persons lawfully within the territory of Ukraine, except for those stipulated by the Constitution, laws, or international treaties to which Ukraine is a party.

Accordingly, the report had begun in medias res, with the section on validity of reservations.

Non permanent residents who have lived in Beijing for more than six months and have a stable and legal employment or accommodation or conditions for continuous schooling in Beijing can apply for a residence permit.

The other questions addressed in the report related to the compatibility of reservations with the object and purpose of the treaty, stipulated in article 19 (c) (validity or invalidity of reservations relating to the application of internal law, customary rules or the rules of jus cogens).

In 30 cases, State Border Service initiated offence proceedings for the reason of illegal crossing of the state border, or illegal stay in BiH.

However, they did not present an arrest warrant, detention order, or any other written document justifying the detention.

As a consequence of these changes, families with children who enter into immigration detention (primarily as a result of compliance action, where people have overstayed their visa, or had their visa cancelled) will, within four to six weeks of being detained, be considered for residence determination.