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Return Migration: Policies and Practices NOTES 1. IOM Rapid Assessment of Assisted Voluntary Return in Hungary (HARP), November 2002, p. 23 which contains information from Hungarian Ministry of Interior (Immigration and Nationality Office). 2. Ibid, p.13. 3. UNHCR “Asylum level and trends” released on 1 December 2003. 4. The aliens police authorities have the power to judge the behaviour of migrants and implement the provisions. 5. IOM Rapid Assessment of Assisted Voluntary Returns in Hungary (HARP), November 2002, p. 11. 6. See Facilitating the Return of Irregular Migrants: the Challenge for Central and Eastern Europe, by Technical Cooperation Centre for Europe and Central Asia, IOM, 30 September 1999, p. 63. 7. Three Memoranda of Understanding (MOUs) were signed between the Ministry of Interior of Hungary and IOM respectively on 27 May 1994, 21 February 1997 and 16 October 2000. 8. IOM Rapid Assessment of Assisted Voluntary Returns in Hungary (HARP), November 2002, p. 6. * UN Convention Against Transnational Organized Crime and its Smuggling and Trafficking Protocols: Hungary signed the UN Convention Against Transnational Organized Crime on 14 December 2000, but has not yet ratified the Convention. It signed the Trafficking Protocol on 14 December 2000, but has not yet ratified the Protocol. Hungary also signed the Smuggling Protocol on 14 December 2000, although it has not yet ratified this Protocol. 184
IRELAND 1. INVOLUNTARY RETURN 1.1 POLICY 185 IRELAND Like Italy and Spain, Ireland found itself transformed overnight from a traditional emigration country into a migrant-receiving country. As a country with a previous record of high unemployment and low standard of living, Ireland generally did not attract high immigrant numbers, and maintained a somewhat closed immigration policy, aimed at discouraging immigrants, to protect its labour market and the homogeneity of Irish society. Changes in its economic situation in the 1990s, which saw a period of high economic growth and an expansion in the labour market, brought with them changes in the immigration debate. Instead of protecting the labour market from in-flowing migrants, the government was confronted with labour shortages, not only in the highly skilled sectors but also at the lower ends of the job market. Concurrent with the steady growth of the Irish economy and the country’s increasing living standards, Ireland now attracted not only EEA citizens and EU Member State nationals, but also an increasing number of asylum seekers and third-country nationals. Current immigration debates reveal concerns about being swamped by a wave of asylum seekers and irregular migration; and these concerns have determined the Irish approach to migration management. Between 1992 and 2002, for instance, the number of asylum applications rose from some 40 to 11,634 cases. 1 Aligned with the EU policy on migration, Ireland adopted a number of measures to better manage its migration requirements. Therefore, in less then a decade a series of consecutive legislative reforms and amendments have been undertaken to tackle the migration in-flow. In regard to involuntary return, the Irish government has established the following aims for its migration agenda: Confront possible abuse of the asylum process by persons who are seeking to enter the state through the asylum process for purposes other than to seek refugee status; Increase the number of annual deportations, particularly in relation to those who do not obtain refugee status. Significant increases have been achieved in recent years in this area; Enhance the operation of the state’s Readmission Agreements with Poland, Romania, Bulgaria and Nigeria for the purpose of increasing the number of deportations; Support and enhance the capacity of the Garda National Immigration Bureau to monitor and track non-nationals who are the subject of deportation orders with a view to their removal from the state; the better coordination of activities aimed at more effective execution of deportation orders and generally combating trafficking in illegal immigrants. 2
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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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FRANCE 1. INVOLUNTARY RETURN 1.1 PO
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121 FRANCE The new legislation also
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Judicial Order of Expulsion 123 FRA
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Removal 125 FRANCE The legal basis
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127 FRANCE These provisions are not
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129 FRANCE France does not use the
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131 FRANCE notice subsequently (for
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Page 137: NOTES 135 FRANCE 1. Circular No. no
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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
Page 215 and 216: 213 LATVIA “detention” as used
Page 217 and 218: 215 LATVIA Comparable to the French
Page 219 and 220: 217 LATVIA Chartered Flights Latvia
Page 221 and 222: 219 LATVIA A refugee, who does not
Page 223 and 224: Operational Steps for Voluntary Ret
Page 225: 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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