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Return Migration: Policies and Practices ANNEX 2 – TRANSIT AGREEMENTS (FORCED RETURN) Countries Effective Date (Provisional Application) Bulgaria – Transit for third-country nationals Macedonia – Transit for Yugoslavian nationals to Kosovo Albania – Transit for Yugoslavian nationals to Kosovo Belgium, France, Italy, Luxembourg, the Netherlands, Poland – Readmission of persons with unauthorized residence (unbefugtem Aufenthalt) 162 30 April 1997 (11 October 1999) (1 April 2000) 1 May 1991 ANNEX 3 – TRANSIT AGREEMENTS (VOLUNTARY RETURN) Countries Effective From Macedonia – Transit for Yugoslavian nationals to Kosovo Albania – Transit for Yugoslavian nationals to Kosovo Austria, Croatia Switzerland, Slovenia – Transit to Bosnia and Herzegovina Albania, Bosnia and Herzegovina, Italy, Croatia, Austria, Switzerland, Slovenia, Hungary, the Netherlands, Luxembourg – Transit to Yugoslavia 11 October 1999 1 April 2000 1 July 1996 20 April 2000 11 August 2001
NOTES 163 GERMANY 1. Federal Ministry of the Interior, Policy and Law Concerning Foreigners in Germany, 2000, p.122. 2. Ibid. 3. This Federal Office is the first instance decision-making body in the asylum procedure, and is under the jurisdiction of the Federal Ministry of the Interior. 4. The majority of refugees from the Former Yugoslavia were granted a Duldung. In the case of Kosovo Albanians brought to Germany under the UNHCR Humanitarian Evacuation programme, these civil war refugees (Section 32a of the Aliens Act) were granted a three-month temporary residence. After the temporary residence permissions had been extended twice for a period of three months, this status was replaced by the temporary toleration admission (Duldung). Kosovo Albanians, who came spontaneously to Germany and applied for asylum obtained permission to stay pending the examination of their claim. In practice, very few were granted asylum, and rejected applicants were granted a Duldung. Those who entered Germany illegally and did not apply for asylum were also granted Duldung. 5. Under the last Altfallregelung in November 1999, rejected asylum seekers who had come to Germany before 1 January 1990 (or before 1 July 1993 for families with at least one minor child) could apply for a residence permit provided that they had work, had not been sentenced for any criminal offence and did not originate from Bosnia and Herzegovina or the Federal Republic of Yugoslavia (including Kosovo). 6. Expulsion and Detention of Aliens in the European Union Countries, Bruno Nascimbene (Ed.), p. 247. 7. During this week, the rejected alien may lodge an appeal with the administrative court. NGOs criticize the deadlines attached to this procedure (known as the “accelerated procedure”) as too short and unconstitutional. It is often difficult to find a lawyer who will take on an appeal at such short notice, or produce any useful information in support of the case. Free legal assistance is only granted to applicants whose cases are deemed to have a chance of success. Source: ECRE. 8. However, neither the existence of the agreements referred to nor the fact that the number of immediate removals accounts for about two thirds of the number of illegal entries, justify the conclusion that existing readmission agreements serve their purpose. Rather practical problems result from the detailed regimes governing proof of identity of the person to be readmitted and the latter’s illegal entry into the returning state. According to Hailbronner and Häußler, receiving countries can easily block the readmission by merely applying strictly the conditions set forth in the readmission agreement. Therefore the effectiveness of readmission agreements is closely tied to the practice of readmitting countries. They suggest that this can be solved by introducing or adding rules that establish the evidentiary burden in favour of the returning countries. Expulsion and Detention of Aliens in the European Union Countries, Bruno Nascimbene (Ed.), p. 230/1. 9. This suggestion is not supported by all Länder and is questioned in regard to its suitability/appropriateness. 10. Act to Control and Restrict Immigration and to Regulate the Residence and Integration of EU Citizens and Foreigners (also known as the Immigration Act), June 2002. * UN Convention Against Transnational Organized Crime and its Smuggling and Trafficking Protocols: Germany signed the UN Convention Against Transnational Organized Crime on 12 December 2000, but has not yet ratified the Convention. It signed the Trafficking Protocol on 12 December 2000, but has not yet ratified the Protocol. Germany also signed the Smuggling Protocol on 12 December 2000, although it has not yet ratified this Protocol.
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Return Migration Policies & Practic
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Return Migration: Policies and Prac
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TABLE OF CONTENTS Introduction 7 Ex
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INTRODUCTION 7 INTRODUCTION This re
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9 INTRODUCTION EU-funded capacity b
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EXECUTIVE SUMMARY 11 EXECUTIVE SUMM
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13 EXECUTIVE SUMMARY In some cases,
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15 EXECUTIVE SUMMARY Most returning
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17 EXECUTIVE SUMMARY There may equa
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NOTES 19 EXECUTIVE SUMMARY 1. Readm
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BELGIUM 1. INVOLUNTARY RETURN 1.1 P
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41 BELGIUM measure, persons who col
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43 BELGIUM agreement concerns natio
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Re-entry is possible, if the migran
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2. ASSISTED VOLUNTARY RETURN 47 BEL
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49 BELGIUM Recognized refugees can
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NOTES 51 BELGIUM 1. Amendment of th
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CZECH REPUBLIC 1. INVOLUNTARY RETUR
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65 CZECH REPUBLIC Aliens and Border
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67 CZECH REPUBLIC The Czech Republi
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69 CZECH REPUBLIC The Czech Ministr
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2.2 STATISTICS ON VOLUNTARY RETURN
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DENMARK 1. INVOLUNTARY RETURN 1.1 P
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Administrative Expulsion Orders 75
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77 DENMARK The same provision appli
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79 DENMARK exemption of passports f
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81 DENMARK Fingerprints Law No. 291
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83 DENMARK An assisted return progr
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85 DENMARK In 2002, 170 persons dep
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87 DENMARK • Co-funding in EU pro
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ESTONIA 1. INVOLUNTARY RETURN 1.1 P
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91 ESTONIA Obstacles to the impleme
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93 ESTONIA administrative arrest or
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95 ESTONIA In addition, Estonia has
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1.4 STATISTICS ON INVOLUNTARY RETUR
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99 ESTONIA All returns were carried
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NOTES 101 ESTONIA 1. A day’s mini
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Page 114 and 115: Return Migration: Policies and Prac
Page 121 and 122: FRANCE 1. INVOLUNTARY RETURN 1.1 PO
Page 123 and 124: 121 FRANCE The new legislation also
Page 125 and 126: Judicial Order of Expulsion 123 FRA
Page 127 and 128: Removal 125 FRANCE The legal basis
Page 129 and 130: 127 FRANCE These provisions are not
Page 131 and 132: 129 FRANCE France does not use the
Page 133 and 134: 131 FRANCE notice subsequently (for
Page 135 and 136: 133 FRANCE If a migrant leaves the
Page 137: NOTES 135 FRANCE 1. Circular No. no
Page 167 and 168: GREECE 1. INVOLUNTARY RETURN 1.1 PO
Page 169 and 170: 167 GREECE Rejected asylum seekers
Page 171 and 172: 1.3 ADMINISTRATIVE AND PROCEDURAL A
Page 173: 171 GREECE After completion of the
Page 201 and 202: ITALY 1. INVOLUNTARY RETURN 1.1 POL
Page 203 and 204: Quota System The Italian Quota Syst
Page 205 and 206: 203 ITALY The new immigration law a
Page 207 and 208: 205 ITALY respite is one week from
Page 209 and 210: 207 ITALY The main state-funded vol
Page 211 and 212: 209 ITALY Sustainability of Return
Page 213 and 214: LATVIA 1. INVOLUNTARY RETURN 1.1 PO
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213 LATVIA “detention” as used
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215 LATVIA Comparable to the French
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217 LATVIA Chartered Flights Latvia
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219 LATVIA A refugee, who does not
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Operational Steps for Voluntary Ret
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NOTES 223 LATVIA 1. Section 2 of th
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NORWAY 1. INVOLUNTARY RETURN 1.1 PO
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277 NORWAY Lack of the necessary tr
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279 NORWAY The Immigration Director
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281 NORWAY tion database for finger
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283 NORWAY There is no specific leg
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285 NORWAY general repatriation ass
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Lessons Learned 1.4 BEST PRACTICES
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NOTES 289 NORWAY 1. Proposal to the
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PORTUGAL 1. INVOLUNTARY RETURN 1.1
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307 PORTUGAL Is perceived as a thre
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309 PORTUGAL The 1994 Law on Provis
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311 PORTUGAL Beyond this generic as
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313 PORTUGAL Programme Services •
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NOTES 315 PORTUGAL 1. Decree Law Nu
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SLOVENIA 1. INVOLUNTARY RETURN 1.1
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331 SLOVENIA The European Conventio
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333 SLOVENIA Instructions governing
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335 SLOVENIA most frequent problems
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2.3 BEST PRACTICES AND LESSONS LEAR
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SPAIN 1. INVOLUNTARY RETURN 1.1 POL
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2001 and expected to run until 2004
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343 SPAIN centre for refugee minors
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345 SPAIN The Inter-ministerial Com
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2. ASSISTED VOLUNTARY RETURN 347 SP
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Framework Agreements with Countries
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SWEDEN 1. INVOLUNTARY RETURN 1.1 PO
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353 SWEDEN enforcement, may refuse
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355 SWEDEN Swedish legislation make
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357 SWEDEN time after receiving the
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359 SWEDEN Prisons are only used fo
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2. ASSISTED VOLUNTARY RETURN 361 SW
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363 SWEDEN In 2002, 116 people appl
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2.4 BEST PRACTICES AND LESSONS LEAR
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NOTES 367 SWEDEN 1. Asylum Applicat
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