Return - IOM Publications - International Organization for Migration

Return Migration: Policies and Practices
of an accelerated procedure, i.e. where the application is deemed to be manifestly unfounded or
does not require extensive research, the application procedure is completed within 48 hours.
This procedure is often applied to illegal migrants who enter the Netherlands via Amsterdam’s
Schiphol Airport. In accordance with the Geneva Convention on Refugees and the European
Convention on Human Rights (ECHR), the case is rejected if deemed manifestly unfounded. 12
The carrier responsible for the rejectee’s access to the Netherlands is obliged to repatriate the
rejectee, or if the rejectee has valid travel documents he/she is otherwise expelled.
Asylum seekers whose applications undergo the regular procedure are transferred to a reception
facility. COA officials inform the asylum seeker directly after his/her arrival about the chances
of a negative response on the asylum request and the consequences of a refusal. If the final
decision of the IND is negative, the asylum seeker is given a written order to leave the country
on his/her own accord within 28 days. The COA terminates within 28 days all provisions, and
the asylum seeker is expelled from the reception centre.
In future, it is intended that more asylum seekers at Schiphol Airport, whose identity and claims
require further corroboration, be transferred to the removal centre, where the IND will have six
weeks to make a decision. Carrier responsibility (including cost coverage) will continue to apply
during the “investigation” period.
In practice, the state-driven policy for asylum seekers and irregular migrants is not always consistently
implemented. Sometimes, municipalities continue to pay provisions to rejectees,
although the IND and COA have ordered their termination. However, according to the MoJ the
majority of rejectees actually leave the Netherlands. 13
An order to leave the territory of the Netherlands, however, does not automatically imply that a
rejectee is returned or is deported. As repatriation is the responsibility of individuals, and the
prospect of return rarely appeals to them, they sometimes choose to reside without residence
permits.
Carrier Liability
Pursuant to Section 65 of the Aliens Act 2000, the carrier transporting a migrant who is refused
entry is obliged to return the migrant to the last port of departure. With the implementation of the
European Council Directive on Carriers’ Responsibilities, in 2004, costs relating to accommodation
of an irregular migrant at Schiphol Airport will be recoverable from the carrier.
Legislative reforms in 2004 are also expected to raise the fine against carriers from EUR 2,250
to EUR 11,250 per passenger. Airlines may be required to provide authorities with passengers’
travel documents on arrival at Schiphol; and this will entail greater use of biometrics and possible
linking of the carrier documentation process and the visa process.
Escorts
Rejected asylum seekers and illegal migrants are in general expelled in groups via chartered
aircrafts. In case of individual removal, the rejectee is escorted by police officers on a regular
flight.
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