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Return Migration: Policies and Practices 7. Return is likely to be more sustainable where there is supplementary longer term reintegration assistance at the return end. Most governments surveyed place a high premium on sustainability of return; and now invest in some form of reintegration support. The UK has anchored provisions for reintegration assistance to returnees in its new Immigration Act of 2002; and provides for small loans for some returns. Some governments still seem reluctant to offer such assistance, in case it becomes a pull factor and encourages more irregular migration. They also believe countries of origin should be legally bound to accept their returnees without any added financial incentives. 8. Voluntary return should be offered to a larger beneficiary group than just rejected asylum seekers. There have been inconsistent approaches to this across states. While some, like Germany, have from the outset taken a broad approach to eligibility for AVR support, and made it available to irregular migrants across a wide spectrum, others have focused their voluntary return programmes on rejected asylum seekers or specific national groups. This is changing. One of the best examples of that is the Danish Act on Repatriation which specifically targets residents granted “humanitarian” permits and other immigrants wishing to return home. One of the marked changes over the last ten years has been the growth in the number of programmes being targeted specifically in favour of victims of trafficking. As a general conclusion, it would appear to be less difficult to identify “good practices” in assisted voluntary return than on the involuntary return side. A range of programmes have been tried and tested, and found successful in terms of achieving more humane alternatives to forced returns, a better basis for broader good relations with countries of origin and some sustainability of return. IOM had earlier suggested to the European Commission in the context of its deliberations and hearings on a European Return Policy that there may be sufficient commonality of approach and experience in this area, as yet relatively un-hampered by entrenched and divergent national laws, to establish some common denominators for a workable European policy. But there is still a need for more evidentiary material to corroborate the generally held belief by the states cited in this study that AVRs are ultimately more effective and cost-efficient than forced or involuntary returns. IOM/MMS January 2004 18
NOTES 19 EXECUTIVE SUMMARY 1. Readmission and Readmission Agreements: “Agreements (usually bilateral) which address procedures for one state to return irregular migrants to their home state or a transit state”. 2. The Return of Irregular Migrants: The Challenge for Central and Eastern Europe, IOM, 1999.
Page 1 and 2: Return Migration Policies & Practic
Page 3: Return Migration: Policies and Prac
Page 7 and 8: TABLE OF CONTENTS Introduction 7 Ex
Page 9 and 10: INTRODUCTION 7 INTRODUCTION This re
Page 11 and 12: 9 INTRODUCTION EU-funded capacity b
Page 13 and 14: EXECUTIVE SUMMARY 11 EXECUTIVE SUMM
Page 15 and 16: 13 EXECUTIVE SUMMARY In some cases,
Page 17 and 18: 15 EXECUTIVE SUMMARY Most returning
Page 19: 17 EXECUTIVE SUMMARY There may equa
Page 24 and 25: Return Migration: Policies and Prac
Page 41 and 42: BELGIUM 1. INVOLUNTARY RETURN 1.1 P
Page 43 and 44: 41 BELGIUM measure, persons who col
Page 45 and 46: 43 BELGIUM agreement concerns natio
Page 47 and 48: Re-entry is possible, if the migran
Page 49 and 50: 2. ASSISTED VOLUNTARY RETURN 47 BEL
Page 51 and 52: 49 BELGIUM Recognized refugees can
Page 53: NOTES 51 BELGIUM 1. Amendment of th
Page 65 and 66: CZECH REPUBLIC 1. INVOLUNTARY RETUR
Page 67 and 68: 65 CZECH REPUBLIC Aliens and Border
Page 69 and 70: 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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Return Migration: Policies and Prac
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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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133 FRANCE If a migrant leaves the
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NOTES 135 FRANCE 1. Circular No. no
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GREECE 1. INVOLUNTARY RETURN 1.1 PO
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167 GREECE Rejected asylum seekers
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1.3 ADMINISTRATIVE AND PROCEDURAL A
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171 GREECE After completion of the
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ITALY 1. INVOLUNTARY RETURN 1.1 POL
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Quota System The Italian Quota Syst
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203 ITALY The new immigration law a
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205 ITALY respite is one week from
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207 ITALY The main state-funded vol
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209 ITALY Sustainability of Return
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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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