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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 />

1.5 BEST PRACTICES AND LESSONS LEARNED<br />

Why Programmes Have or Have not Worked<br />

As a result of the tolerance of the Portuguese authorities towards undocumented migrants,<br />

immigration regulations are not always applied stringently, and each year only a small fraction<br />

of the thousands who enter or reside illegally are detected and served with deportation orders. Of<br />

those ordered deported, only a small percentage are actually expelled. In 2000 <strong>for</strong> instance, just<br />

414 individuals out of 3,271 subject to deportation orders were actually expelled.<br />

Cost Effectiveness Analysis<br />

Compared to the annual budget of EUR 150,000 allocated to the assisted voluntary return programme,<br />

the average annual budget <strong>for</strong> effecting deportations from 1998-2001 was about<br />

EUR 470,000, representing a ratio of about 1:3.<br />

The average cost of effecting deportations is estimated at between EUR 5,000-7,000 per person,<br />

which covers administrative procedures, cost of transportation and the provision of escorts,<br />

while the operation of assisted voluntary returns programmes is about EUR 650 per person.<br />

2. ASSISTED VOLUNTARY RETURN<br />

2.1 POLICY AND LEGISLATIVE INSTRUMENTS AND PROVISIONS<br />

The Portuguese return policy favours voluntary returns over deportation, and a pilot programme<br />

on voluntary returns was first initiated by a Cooperation Agreement and Protocol signed in 1997<br />

by the Ministry of Foreign Affairs, Ministry of Interior and the High Commissioner <strong>for</strong> Immigration<br />

and Ethnic Minorities (ACIME).<br />

The 1998 Aliens Act makes provision <strong>for</strong> assisted voluntary returns, Article 159 of which<br />

provides that the government may initiate voluntary return programmes <strong>for</strong> illegal residents in<br />

Portugal, with the cooperation of <strong>IOM</strong>. Consequently, upon completion of the pilot phase of the<br />

programme, the government signed a Protocol with <strong>IOM</strong> in 2001 with a view to establishing a<br />

more permanent voluntary return mechanism. The agreement is subject to annual renewal, and<br />

aims to facilitate effective assisted voluntary returns of migrants. The programme receives an<br />

annual budget allocation of EUR 150,000 from the Portuguese government, and is open to:<br />

Refugees and asylum seekers;<br />

Persons who have been offered temporary protection;<br />

Legal and irregular migrants who wish to return to their home countries and do not possess<br />

the means to do so.<br />

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