Federal Court: Removal of foreigner from Iraq from the powers of the director of residence
14/8/2018 5:33 am
[rtl] Baghdad / Al-Sabah
The Supreme Federal Court issued a ruling on the powers of the director general of the Directorate of Public Residency in the deportation of foreigners from the territory of the Republic of Iraq, pointing out that these powers do not conflict with the Constitution.
"The Federal Supreme Court held its session under the chairmanship of Judge Medhat al-Mahmoud and the presence of the judges of the members and considered the request to rule on the unconstitutionality of articles (26, 45 and 47) of the Law on the establishment of foreigners No. (76) for the year 2017 ».
"Article (26) of the law challenging its constitutionality states that" the Director General or whoever has the power to expel a foreigner who entered the territory of the Republic of Iraq unlawfully is beyond the borders. "
"The court found that the granting of these powers is what is required by the work of officials of the residence of foreigners in Iraq, and that it does not include imprisonment, arrest or detention, and does not violate the provisions of Article 37 / I-B of the Constitution, which prohibits the arrest or investigation of anyone except by Judicial decision, and therefore decide to respond to the appeal from this body ».
He pointed out that the second appeal related to article (45) of the law, which stipulates that "If the court issues a sentence stipulated in articles (41) and (42) of this law, it shall control the alienation of the alien from the territory of the Republic of Iraq" Article (41) refers to the penalties resulting from non-compliance with the regulatory procedures for the entry and residence of a foreigner. Article 42 referred to the penalties resulting from the non-renewal of the passport by the foreign resident 30 days after the date of its expiration, Stay during the said period to confirm the legitimacy of his residence in case of failure There is a diplomatic representation of his state ».
Al-Samok said that «the Federal Supreme Court found that the status of these powers a legislative choice of the House of Representatives in accordance with the competence provided for in Article (61 / I) of the Constitution, and does not violate the provisions of Article (88) thereof, and then decided to respond to the appeal from this body also».
He explained that the third appeal relates to Article (47) of the law, which states that "the granting of the fine provided for in Articles 38, 39, 40, 41, 42, 43 and 44 shall be granted to the Director General or his authorized representative in accordance with the provisions of the Code of Criminal Procedure. Of this law).[/rtl]
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