People to be readmitted Sample Clauses

People to be readmitted. Section I and II set out the respective readmission obligations of the third country on the one part and the Union on the other part. In a normal XXXX, two different groups of people have to be readmitted. The first group of people a state has to readmit are its own nationals, former nationals.101 These nationals have to be readmitted if they ‘do not, or no longer, fulfil the conditions in force for entry to, presence in, or residence on the territory of the requesting [state]’.102 These people do not have to be readmitted once they have acquired the nationality of the requesting state. This category does not pose real problems, as an readmission obligation exists under customary international law. Secondly, the contracting parties must also readmit third country nationals and stateless persons who are equated with TCNs.103 TCNs are person who holds a nationality other than that of one of the Member States or of the other contracting party, while stateless person hold no nationality at all. These persons have to be readmitted if they do no longer fulfil the conditions to stay in the territory of the requesting country. The requesting state must however provide certain evidence: either the person to be readmitted must hold a 98 For a short overview of the similarities and differences, see Xxxxxxx Xxxxxxx and Xxxx Xxxxx (n 45) 20-21. 99 On the concept of reciprocity in EURAs, see text to n 108. 100 XXXX EU-Azerbaijan, XXXX EU-Armenia. 101 For example XXXX EU-Russia, article 2(1). 102 ibid.‌‌ 103 XXXX EU-Russia, article 3. visa or residence permit of the requested state, or must have unlawfully entered the requesting state directly by transit through the requested state.104 In some cases, the requested state shall not be obliged to readmit these persons, for example when the transit through its territory was only an airside transit, when they are issued a visa to stay on the territory of the requesting state (or other Member States, in case of the EU) or when they enjoy visa free travel.105 Often the agreements contain an ‘unless’-clause, stating that the readmission obligation does not apply, unless there is a visa issued by the requested state with a longer period of validity106 or when the visa issued by the requesting state was obtained on that basis of falsified documents.107 EURAs are reciprocal agreements, meaning that they impose reciprocal obligations on the parties. This means that both parties have to readmit the same categories of persons. The onl...
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Related to People to be readmitted

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