Abstract

This chapter defines the current legal status of the right to leave and return (RLR) in international migration law, to identify important issues that determine criteria by which RLR may be reasonably restricted. It examines the recognition of RLR in international migration law, to clarify the standards of RLR internationally and domestically, to then consider disputes with respect to standards and review the sources of evolving jurisprudence of RLR. Next, it outlines the right to obtain necessary travel documents, particularly a passport, followed by a discussion of passport administration, and the effect on RLR of not having a passport. The chapter clarifies the universally permissible limits on RLR, or reasonable restrictions, to provide a reference point for the assessment of other issues regarding RLR in international and Chinese migration law. It explores the loss of technical expertise from the State through emigration.Keywords: Chinese migration law; international migration law; legal status; right to leave and return (RLR)

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