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Return - IOM Publications - International Organization for Migration

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<strong>Return</strong> <strong>Migration</strong>: Policies and Practices<br />

2. ASSISTED VOLUNTARY RETURN<br />

2.1 POLICY AND LEGISLATIVE INSTRUMENTS AND PROVISIONS<br />

The government of Luxembourg has been organizing voluntary return on a small scale <strong>for</strong> many<br />

years, and although there is no specific legal framework regulating voluntary return, those who<br />

wish to do so generally receive assistance from the government, in cooperation with government<br />

ministries, NGOs and <strong>IOM</strong>. The basic assistance offered seems to be a significant factor in the<br />

decision of those considering returning on an individual basis.<br />

The surge in immigration from the late 1990s onwards, resulting from an increase of asylum<br />

seekers from the Balkan region (mainly Kosovo and Montenegro), <strong>for</strong>ced the government to<br />

adopt a comprehensive asylum policy and to explore different possibilities <strong>for</strong> offering additional<br />

incentives to voluntary return especially to rejected asylum seekers.<br />

In 2000 and 2001, the Ministry of Family in cooperation with the Development Department and<br />

Caritas implemented a special return programme, which included in<strong>for</strong>mation sessions on<br />

reintegration possibilities in the countries of origin. Another component of this programme was<br />

some reintegration assistance through the creation of micro-enterprises in the country of origin.<br />

While a small number of migrants benefited from the programme, the government discontinued<br />

it in 2002, because the impact of these activities on the number of returns was unsatisfactory.<br />

The assistance offered by the government of Luxembourg to voluntary returnees varies according<br />

to the time spent in Luxembourg. The minimum assistance comprises a one way-ticket on a<br />

commercial flight to the country of origin. Financial aid is available if the residence in Luxembourg<br />

exceeds one year, and may amount to the equivalent of three months’ financial assistance<br />

to migrants in Luxembourg.<br />

2.2 ADMINISTRATIVE AND PROCEDURAL ARRANGEMENTS<br />

Institutions Responsible <strong>for</strong> Voluntary <strong>Return</strong><br />

The Ministry of Family Affairs is responsible <strong>for</strong> voluntary returns, and it is well placed to<br />

provide this assistance, as it is also responsible <strong>for</strong> the reception of asylum seekers and there<strong>for</strong>e<br />

has regular contact with the migrants potentially interested in voluntary returns. The Ministry of<br />

Family Affairs is only responsible <strong>for</strong> applications and the organization of the returns, while the<br />

Ministry of Justice liases with officials in the relevant Consulates/Embassies to arrange the<br />

necessary travel documentation.<br />

The Government’s Commission <strong>for</strong> Foreign Nationals has since 1972 provided assistance<br />

towards the voluntary return of irregular migrants in a precarious financial situation. The assistance<br />

offered to asylum seekers is, however, more comprehensive than the one-way ticket offered<br />

to irregular migrants who wish to return home (see details below).<br />

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