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Free Legal Advice Philippines » FREE LEGAL ADVICE » legality of travel ban

legality of travel ban

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1legality of travel ban Empty legality of travel ban Fri Jul 16, 2010 8:04 pm

juandelacruz


Arresto Menor

I am not really sure if this is the proper forum to post this but I am giving it a shot. I would like to know if the government's travel ban on Iraq, Afghanistan and several other countries is legal? Philippine passports have a stamp to this effect. Why is the government allowed to prohibit its citizens to lawfully travel to other countries? Lawfully meaning the concerned citizen was issued a visa by the host country.

2legality of travel ban Empty Re: legality of travel ban Sun Jul 18, 2010 5:57 pm

attyLLL


moderator

the state is obligated to protect its citizens. travel is also not an absolute right. i believe the proper test is reasonableness. a state can prevent its citizens from entering into territories where there are known armed conflicts, (and there are many pinoys who want to join it to earn).

there is no textual basis for the travel ban except for the implied power of state. if you were to challenge it in court, i doubt it will prosper unless the factual basis for the ban no longer exists.

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