Return - IOM Publications - International Organization for Migration

Return Migration: Policies and Practices
Operational Steps for Involuntary Return
Unsuccessful asylum applicants have an obligation to leave the country voluntarily within a
month of receiving notification of their unsuccessful application. This period may be extended
to three months in certain circumstances. The rejected asylum seeker is always informed about
the possibilities of returning voluntarily to his/her country of origin with the assistance of the
government.
Following the negative asylum decision, social benefits such as financial benefits, payment of
medical expenses, and language courses may be withdrawn by the government’s Commission
for Foreign Nationals (Commissariat du Gouvernement aux Etrangers – CGE).
If the rejected asylum seeker decides to remain in Luxembourg beyond the period of authorization,
he/she is liable to be detained and expelled. In theory, the police may enforce expulsion
orders following the rejection of an asylum application, although this rarely happens in practice.
Migrants awaiting expulsion may either be detained or collected by the police from their place
of residence on the morning of their departure.
Escorts
Every return is organized with an escort from the Ministry of Justice. At least one person from
the police department accompanies the returnee to the country of origin.
Depending on factors such as readmission agreements or possession of travel documentation,
forced return may be carried out by commercial flights or by special chartered flights. Chartered
flights are used particularly to effect group returns, with a maximum of ten individuals per
group. Authorities in the country of origin are informed about the returns, including date of
return and names of the returnees.
Prosecution and Detention Procedures
Migrants who are apprehended and found to be residing in Luxembourg illegally, without proper
documentation or with forged documents, are detained at the Schrassig detention centre for an
initial period of a month, which may be renewed twice if necessary by the Minster of Justice. If
return has not been organized in that period, the migrant may be released with the expulsion
order still in place.
According to Section 15 of the 1972 Aliens Law, an asylum seeker who cannot be removed for
practical reasons may be detained at the discretion of the Minister of Justice until removal has
been enforced. In practice, however, asylum seekers are not held in detention.
Single male adults and male heads of families liable to removal to another EU country under the
Dublin Convention, or individuals who refuse to cooperate with this transfer, may be held in
detention centres for a day before removal. During summer 2003, a specific detention centre for
families was set up to organize non-voluntary returns of families with children.
Withdrawal of Social Benefits
Regular migrants are not entitled to social benefits, therefore the issue of their withdrawal does
not arise. Unsuccessful asylum seekers are only entitled to limited social benefits from the
moment of their last negative decision to their forced or voluntary departure.
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