Universal-MigrationHRlaw-PG-no-6-Publications-PractitionersGuide-2014-eng

MIGRATION AND INTERNATIONAL HUMAN RIGHTS LAW | 149
• Direct effect: the expulsion, once carried out, can render the
remedy meaningless or ineffective, as the person, once expelled,
may not have access to it, or access to it might be impracticable
due to the situation in the country to which they have been expelled.
In this case, an important factor will be whether the State
provides the migrant with effective mechanisms to claim his or
her remedy once abroad.
• Indirect effect: The threat of expulsion constitutes a powerful
deterrent for migrants to decide to access a remedy against their
human rights violations. As all rights must be interpreted so as
to make their protection meaningful and effective, States must
create conditions for both regular and undocumented migrants to
avail themselves of a remedy, without fear of expulsion.