Return - IOM Publications - International Organization for Migration

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LUXEMBOURG
Illegal residence is defined by Article 4 of the 1972 Aliens Act as the residence of a person
whose stay has exceeded the authorized period. In addition to the above reasons for refusal of
entry, the following categories of persons are liable to be expelled if found within the territory:
Persons who exercise a professional and economic activity without the proper authorization;
Persons convicted or prosecuted of a crime abroad, and liable to be extradited;
Persons who provided false information to the authorities upon their arrival, about their identity
or country of residence;
Persons who refuse to submit to the medical screening as obliged by the law, or who are
discovered to have provided incorrect information about their health.
Rejected asylum seekers, and those whose period of residence based on a temporary grant of
asylum has expired, are also liable to be expelled.
Under Sections 8 and 9 of the Asylum Law, an application for asylum may be deemed inadmissible
or manifestly unfounded for the following reasons:
The applicant has travelled through a safe third country, i.e. a country where the individual:
Has already been granted asylum or had the opportunity to make an application for asylum
before submitting a claim in Luxembourg;
Is protected against refoulement under the provisions of the Geneva Convention;
Will not be persecuted for his/her religious or political beliefs or because of his/her race,
and where his/her safety and freedom are not threatened.
When the applicant does not express a fear of persecution on account of his/her race, religion,
nationality, membership of a particular social group, or political opinion.
Carrier Sanctions
Following amendments to the Aliens Law in August 1996, carriers bringing aliens to Luxembourg
without the necessary travel documents or the required visa are liable to be fined up to
EUR 1,200. This fine is waived in cases where the individual makes a successful application for
asylum, although in practice, these sanctions have not yet been applied against any carrier.
1.3 ADMINISTRATIVE AND PROCEDURAL ARRANGEMENTS
Institutions Responsible for Involuntary Return
The Ministry of Justice has overall responsibility for return policies, and the police carry out
expulsions. Officials from the Ministry of Interior organize the collection of individuals due to
be deported from their place of residence on the day of expulsion.