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Return Migration: Policies and Practices NOTES 1. Niessen Jan, Schibel Yongmi and Magoni Raphaele (Eds.), EU and US Approaches to the Management of Immigration, Migration Policy Group, 2003. 2. ECRE Country Report 2002: Luxembourg. 3. ECRE Country Report 2002: Luxembourg. 4. Approximately EUR 273 per adult, EUR 496 per couple, EUR 198 per third adult, EUR 161 for children aged 12-18, and EUR 124 for children up to the age of 12. * UN Convention Against Transnational Organized Crime and its Smuggling and Trafficking Protocols: Luxembourg signed the UN Convention Against Transnational Organized Crime on 13 December 2000, but has not yet ratified the Convention. It signed the Trafficking Protocol on 13 December 2000, but has not yet ratified the Protocol. Luxembourg also signed the Smuggling Protocol on 12 December 2000, although it has not yet ratified this Protocol. 246
MALTA 1. INVOLUNTARY RETURN 1.1 POLICY 247 MALTA Managing irregular migration, particularly of persons arriving by boat from the Middle East and Africa bound northwards, preoccupies the Maltese immigration and police authorities. Controlling/patrolling the island’s coastline and managing the closed reception centres (hosting up to 800 persons in 2002) heavily engage the country’s police and refugee processing resources. In 2002, the Maltese authorities reported a noticeable increase in the number of irregular migrants and asylum seekers landing in Malta, 1 which is overwhelming national resources, also given the country’s high population density (second only to Hong Kong’s). That year, a total of 1,542 persons arrived in Malta on board 19 fishing boats – mostly via Libya. 2 Countries of origin of these irregular migrants vary considerably, most however hail from Africa and the Middle East. Many of the migrants, came in family groups, and had not expected to become stranded on the Maltese shores on their passage further north. As many of the migrants stranded on Malta eventually seek asylum once apprehended, they are required to stay at reception centres until the Refugee Commission assesses their situation. The Refugee Commission case processing capacity in 2002 was about 30 cases per month (with an overall demand of about five times that number). 1.2 LEGISLATIVE INSTRUMENTS AND PROCEDURES As of 2001, asylum in Malta has been regulated by the Refugee Act – Chapter 420 of the Laws of Malta. Prior to its adoption, although Malta had ratified the 1951 Geneva Convention and 1967 Protocol, it applied the geographical reservation of Article 1B(1)(a) of the Convention. This geographical restriction was lifted on 13 December 2001 and after a brief trial period, Malta took charge of the management of asylum seekers in January 2002. Immigration Act of 1970 Chapter 217 of the Laws of Malta, and amended in 1972, 1981, 1982, 1983, 1988, 1989, 1990, 1995, 2000 and 2002. Admission requirements are listed in Article 5 of the Immigration Act. Article 22 contemplates deportation orders. The 2002 amendment envisages lighter administrative procedures on returns; the most relevant provision under this amendment is that of 8 December 2002, illegal migration is no longer considered a criminal offence in Malta. The Immigration Act defines a “prohibited migrant” as
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Return Migration Policies & Practic
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Return Migration: Policies and Prac
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TABLE OF CONTENTS Introduction 7 Ex
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INTRODUCTION 7 INTRODUCTION This re
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9 INTRODUCTION EU-funded capacity b
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EXECUTIVE SUMMARY 11 EXECUTIVE SUMM
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13 EXECUTIVE SUMMARY In some cases,
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15 EXECUTIVE SUMMARY Most returning
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17 EXECUTIVE SUMMARY There may equa
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NOTES 19 EXECUTIVE SUMMARY 1. Readm
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BELGIUM 1. INVOLUNTARY RETURN 1.1 P
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41 BELGIUM measure, persons who col
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43 BELGIUM agreement concerns natio
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Re-entry is possible, if the migran
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2. ASSISTED VOLUNTARY RETURN 47 BEL
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49 BELGIUM Recognized refugees can
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NOTES 51 BELGIUM 1. Amendment of th
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CZECH REPUBLIC 1. INVOLUNTARY RETUR
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65 CZECH REPUBLIC Aliens and Border
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67 CZECH REPUBLIC The Czech Republi
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69 CZECH REPUBLIC The Czech Ministr
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2.2 STATISTICS ON VOLUNTARY RETURN
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DENMARK 1. INVOLUNTARY RETURN 1.1 P
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Administrative Expulsion Orders 75
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77 DENMARK The same provision appli
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79 DENMARK exemption of passports f
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81 DENMARK Fingerprints Law No. 291
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83 DENMARK An assisted return progr
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85 DENMARK In 2002, 170 persons dep
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87 DENMARK • Co-funding in EU pro
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ESTONIA 1. INVOLUNTARY RETURN 1.1 P
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91 ESTONIA Obstacles to the impleme
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93 ESTONIA administrative arrest or
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95 ESTONIA In addition, Estonia has
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1.4 STATISTICS ON INVOLUNTARY RETUR
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99 ESTONIA All returns were carried
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NOTES 101 ESTONIA 1. A day’s mini
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FRANCE 1. INVOLUNTARY RETURN 1.1 PO
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121 FRANCE The new legislation also
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Judicial Order of Expulsion 123 FRA
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Removal 125 FRANCE The legal basis
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127 FRANCE These provisions are not
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129 FRANCE France does not use the
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131 FRANCE notice subsequently (for
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133 FRANCE If a migrant leaves the
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NOTES 135 FRANCE 1. Circular No. no
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GREECE 1. INVOLUNTARY RETURN 1.1 PO
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167 GREECE Rejected asylum seekers
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1.3 ADMINISTRATIVE AND PROCEDURAL A
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171 GREECE After completion of the
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Page 198 and 199: Return Migration: Policies and Prac
Page 201 and 202: ITALY 1. INVOLUNTARY RETURN 1.1 POL
Page 203 and 204: Quota System The Italian Quota Syst
Page 205 and 206: 203 ITALY The new immigration law a
Page 207 and 208: 205 ITALY respite is one week from
Page 209 and 210: 207 ITALY The main state-funded vol
Page 211 and 212: 209 ITALY Sustainability of Return
Page 213 and 214: LATVIA 1. INVOLUNTARY RETURN 1.1 PO
Page 215 and 216: 213 LATVIA “detention” as used
Page 217 and 218: 215 LATVIA Comparable to the French
Page 219 and 220: 217 LATVIA Chartered Flights Latvia
Page 221 and 222: 219 LATVIA A refugee, who does not
Page 223 and 224: Operational Steps for Voluntary Ret
Page 225: NOTES 223 LATVIA 1. Section 2 of th
Page 277 and 278: NORWAY 1. INVOLUNTARY RETURN 1.1 PO
Page 279 and 280: 277 NORWAY Lack of the necessary tr
Page 281 and 282: 279 NORWAY The Immigration Director
Page 283 and 284: 281 NORWAY tion database for finger
Page 285 and 286: 283 NORWAY There is no specific leg
Page 287 and 288: 285 NORWAY general repatriation ass
Page 289 and 290: Lessons Learned 1.4 BEST PRACTICES
Page 291: NOTES 289 NORWAY 1. Proposal to the
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PORTUGAL 1. INVOLUNTARY RETURN 1.1
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307 PORTUGAL Is perceived as a thre
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309 PORTUGAL The 1994 Law on Provis
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311 PORTUGAL Beyond this generic as
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313 PORTUGAL Programme Services •
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NOTES 315 PORTUGAL 1. Decree Law Nu
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SLOVENIA 1. INVOLUNTARY RETURN 1.1
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331 SLOVENIA The European Conventio
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333 SLOVENIA Instructions governing
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335 SLOVENIA most frequent problems
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2.3 BEST PRACTICES AND LESSONS LEAR
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SPAIN 1. INVOLUNTARY RETURN 1.1 POL
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2001 and expected to run until 2004
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343 SPAIN centre for refugee minors
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345 SPAIN The Inter-ministerial Com
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2. ASSISTED VOLUNTARY RETURN 347 SP
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Framework Agreements with Countries
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SWEDEN 1. INVOLUNTARY RETURN 1.1 PO
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353 SWEDEN enforcement, may refuse
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355 SWEDEN Swedish legislation make
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357 SWEDEN time after receiving the
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359 SWEDEN Prisons are only used fo
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2. ASSISTED VOLUNTARY RETURN 361 SW
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363 SWEDEN In 2002, 116 people appl
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2.4 BEST PRACTICES AND LESSONS LEAR
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NOTES 367 SWEDEN 1. Asylum Applicat
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