Legal definition of Departure order
A departure order is a legal directive issued by a government requiring a foreign national to leave the country within a specified period. It is another type of removal measure issued by the police department or the Ministry of the Interior against individuals who have committed a violation of immigration laws or regulations. This legal measure is issued so that the individuals concerned can rectify their situation if the law permits them to do so.
According to the immigration policy of host countries, several violations of immigration law can trigger a departure order. Authorities may apply it in cases such as :
- Revocation or expiration of a visa : A departure order is issued when a foreigner’s visa is revoked or expires.
- End of temporary residence : If a foreigner’s temporary residence ends, they may receive a departure order instructing them to leave the country within a specified period.
- Administrative removal : In the event of administrative removal of a foreigner, a departure order may be issued to formalize this measure and require its execution.
- Non-recognition of stateless status : If stateless status is not recognized, a departure order may be issued to address the situation of the foreigner concerned.
- Refusal of a request for long-term or permanent residence permit : When a request for long-term or permanent residence permit is denied, a departure order may be issued to notify the foreigner of their obligation to leave the country.
- Revocation of a citizen’s temporary residence permit : If a citizen’s temporary residence permit is revoked, a departure order may be issued to instruct them to leave the country.
Generally, the departure order gives approximately 30 days for the individuals concerned to leave the country. If the immigrant does not comply with this order, they may face legal consequences such as forced expulsion, detention, or the imposition of fines or sanctions. In the worst-case scenario, non-compliance with this order can lead to permanent deportation or barring from re-entry into the territory.
Etymology of Departure order
The term “departure order” originates from the Latin word “partire,” which literally means to depart, and “ordo,” which refers to a directive or formal instruction issued by an authority. In this sense, this legal term can be interpreted as a directive or instruction issued by an authority for an individual to leave a specific place, in this case, a country.