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241<br />

LUXEMBOURG<br />

Framework Agreements with Countries of Origin or Transit<br />

Luxembourg has signed transit and readmission agreements with several countries in order to<br />

facilitate the readmission of persons residing illegally on the territory, i.e. persons who do not<br />

fulfil the conditions of entry or who no longer fulfil the conditions of residence.<br />

Readmission Agreements have been concluded, together with Benelux countries, with Slovenia,<br />

Romania, Bulgaria, Estonia, Latvia, Lithuania, Croatia, Albania, and Serbia and Montenegro.<br />

Other agreements also exist between the Benelux countries and France, Germany and Austria,<br />

primarily <strong>for</strong> the return of individuals who entered the territory of the Benelux countries through<br />

any of their neighbouring borders.<br />

The agreements are based on a standard Benelux agreement module. The <strong>for</strong>mat of this standard<br />

agreement has been changed lately, but still covers the same target group. The agreement concerns<br />

nationals of the agreement-signing countries (Benelux on the one side, and the country of<br />

origin on the other side) and/or third-country nationals, who have entered one of the Benelux<br />

states via one of the other partner states, or who have a regular permit to stay in one of the<br />

Benelux countries.<br />

In general, the agreements only provide <strong>for</strong> <strong>for</strong>ced returns, although those <strong>for</strong> Serbia and<br />

Montenegro also cover voluntary returns.<br />

1.4 STATISTICS ON INVOLUNTARY RETURN<br />

It is reported that 44 unsuccessful asylum applicants were deported in 2002. Thirty-five of these<br />

were returned to Montenegro, while the remaining nine were sent back to Serbia. 3 There were<br />

40 deported cases reported in 2001.<br />

Also in 2002, the Government of Luxembourg made 57 requests to return individuals under the<br />

provisions of the Dublin Convention.<br />

1.5 BEST PRACTICES AND LESSONS LEARNED<br />

Cost Effectiveness Analysis<br />

A large proportion of unsuccessful asylum seekers due to be deported abscond, and in cases<br />

where the authorities have chartered a plane, failure to locate an individual on the day of departure<br />

leads to the cancellation of the flight, leaving the government to pick up the cost of carrier<br />

rental. In addition, involuntary returns are always organized with at least one escort from the<br />

Ministry of Justice, which costs much more than a voluntary return without escort. Consequently,<br />

the current operation of <strong>for</strong>ced returns is not very cost effective when compared to voluntary<br />

returns.

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