We could see the tension between sovereign discretion over immigration control and overstayers rights as analyzed above. I will reiterate that the ability of a state to maintain an effective immigration control is crucial to the welfare of its citizens, there are genuine reasons to restrict the private and family right of overstayers which is a criminal offence in the first place although rarely prosecuted. Failing to comply with the immigration rules of a country is a violation which must not be condoled. On the other hand, restriction of private and family life of foreign criminals facing deportation could be seen as method of criminal control as argued above. In very serious violent offences, the restrictions of these rights could be justified
