To further support this conclusion, the Court could not miss adding that a different finding would negate ‘the well-established principle of public international law, […] according to which the State Parties, subject to their treaty obligations, including the Convention, have the right to control the entry, residence and expulsion of aliens’ (para 124).
What is interesting here is the final note after this addition: ‘Lastly, the does not prejudice the endeavors made by States Parties to facilitate access to asylum procedures through their embassies and/or consular phone number list representations’ (para 126).
This final note was necessary in light of the Grand Chamber’s reasoning in N.D. and N.T. v Spain, where the applicants argued that they were subjected to a collective expulsion after their immediate return to Morocco. The Court found that the applicants were within the Spanish jurisdiction (they were on Spanish territory) and that they were indeed subjected to an ‘expulsion’ within the meaning of Article 4 Protocol 4. The final issue that had to be resolved was whether the ‘expulsion’ was ‘collective’.
Court notes that this conclusion
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