Return - IOM Publications - International Organization for Migration

Return Migration: Policies and Practices
immigration laws should be more rigorous. This is driving the enforcement of forced return
provisions laid down in Lithuanian legislation.
1.2 LEGISLATIVE INSTRUMENTS AND PROVISIONS
The legal acts regulating the management of irregular migration in Lithuania are:
Geneva Convention of 1951 and the New York Protocol of 1967, to which Lithuania became
party in 1997;
The Law on the Legal Status of Foreigners of 17 December 1998 (since 1 July 1999 in force),
as last amended on 12 June 2001;
The Law on the Implementation of the Law on the Legal Status of Foreigners, entered into
force on 31 December 1998;
The Law on Refugee Status adopted on 4 July 1995, and as amended on 15 January 2002;
Government of the Republic of Lithuania Resolution No. 228 of 28 February 2000 On
approving the procedure for arrival of aliens in the Republic of Lithuania, residence in the
Republic, crossing it by transit and departure from the Republic of Lithuania;
Government of the Republic of Lithuania Resolution No. 335 On approving the implementation
procedure for decisions ordering departure or expulsion of aliens from the Republic of
Lithuania;
A new immigration law, which will include both laws, currently under preparation and planned
to come into force at the time of Lithuania’s accession to the EU in May 2004;
The Order of the Director of the Migration Department under the Ministry of Internal Affairs
regarding adoption and implementation of decisions/orders of departure of foreign nationals
or their expulsion from the Republic of Lithuania;
The Criminal Code of 1996;
Lithuania is not party to the Dublin Convention.
Expulsion
An alien may be expelled from the Republic of Lithuania on the following grounds:
He/she has failed to comply with the requirement to depart from the Republic of Lithuania
within a specified time period;
He/she has illegally entered the Republic of Lithuania or illegally resides therein.
Grounds for refusing entry into the territory include travelling with false or no travel documents,
the lack of sufficient funds for stay or return to the country of origin, a prohibition on entry into
the territory or where the individual has committed crimes against humanity, or genocide. Illegal
entrants also include individuals who have trafficked irregular migrants through the territory of
Lithuania, and irregular migrants who have been previously held at the Pabrade Registration
Centre for illegal entry.
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