Practice question
An alien lawfully present is ordered expelled by a competent authority. The State asserts that Article 13 permits removal without any legal decision whenever it uses the phrase national security. It also insists that no foreigner may ever submit reasons against removal. Which statement is most accurate?
- The phrase alone abolishes all legal requirements.
- Every foreigner has an absolute right never to be expelled.
- Article 13 concerns only diplomats.
- Every security claim must be decided by the sending State.
- A decision in accordance with law remains required; the exception to the specified participation and review safeguards concerns compelling national-security reasons, not a blanket nationality exclusion.
Legal references
- ICCPR, Articles 9, 13 and 14: https://2covenants.ohchr.org/About-ICCPR.html
Answer this question in flashcards to review your response and continue practicing.