The ruling reaffirmed that the immigration authorities acted within their powers when denying entry to MFGC and that Peru, like any other country, has the sovereign right to control its borders in accordance with its laws and national security policies to guarantee the public order and security. Reference Photo.
The Judicial Branch declared unfounded a habeas corpus that sought the entry into Peru of a foreign person, identified with the initials MFGC, despite having an impediment order imposed by the National Superintendence of Migration. The decision emphasizes that this restriction is not arbitrary but rather an expression of the sovereign power of the Peruvian State.
The 5th Preparatory Investigation Court of the Superior Court of Justice of Callao thus resolved the lawsuit filed by a third party in favor of this person, of Venezuelan nationality, and against the Callao Zonal Immigration Headquarters.
She had been denied entry to the country on March 28, at the Jorge Chávez International Airport, due to a restrictive immigration alert as part of a mandatory exit sanction applied years ago for having entered the country by evading immigration control.
The defense argued an alleged violation of the right to freedom of movement; However, the court ruling rejected this allegation, clarifying in point 4.10 that, although the right of transit is recognized for both nationals and foreigners, “there is no explicit right to enter another country that is not yours.”
The ruling also confirmed that the person in question was not deprived of his liberty, pointing out that at all times he had the possibility of returning to his country of origin open and that he was not obliged to remain in the international transit area of the airport, no matter how of two weeks.
Finally, the court ordered the reboarding of the foreign citizen on a free flight to her country of origin, a procedure that was carried out yesterday, Saturday, April 13.
#Judiciary #denies #lawsuit #sought #entry #foreigner #Peru
– 2024-04-26 10:28:02
