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Return Migration: Policies and Practices Assessments and Evaluations The IOM-implemented programme includes a yearly report containing an evaluation of programme execution, which is undertaken on a regular basis. It is an operational tool for government policy formulation in managing the challenges associated by a growing number of migrants coming into the country. No external assessment was made of the INDE-run programme, and only personal inquiries made by INDE can give an indication of its effectiveness. INDE’s questions have centred on the process (i.e. the quality of the training, quality of the counselling, etc.), and results have generally been very positive. Within two years, about 120 people returned to East Timor. They had the opportunity to receive training, assistance and support. Some of them had the opportunity to reflect upon their choices, leading to the conclusion that Europe was, at that time, a better place to live. Why Programmes Have or Have not Worked For the first time in Portugal, an institutional network exists, with key players working together in the management of migration for various categories of migrants, who are supported in their return and reintegration in their country of origin. Positive synergies have been generated, and the capacity to manage the situation faced by migrants who wish to return has now been developed. However, the programmes have been hampered by a limited interest in assisted voluntary return on the part of refugees and asylum seekers, of whom there are not many in Portugal. The programmes carried out in 2001 and 2002 targeted nationals of Guinea-Bissau in Portugal and were held back by adverse economic, social and political conditions in that country. In sum, it can be stated that the limitations of any return programme are directly related to the resources, both human and financial, made available for their implementation. If the incentives are limited, there is a tendency for low adherence to the programme. The majority of the cases served by the programme find themselves without any option to remain in the country and take the decision to return on a voluntary basis. Cost Effectiveness Analysis When compared with the per capita costs involved in expulsion procedures, the AVR programme provides substantial financial savings for the Portuguese government. In addition, it also generates valuable political and social capital for the government, as it can identify and respond to the needs of migrants in a human and dignified way. The average cost of an expulsion order is between EUR 5,000 and 7,000, while the average cost of voluntary return is EUR 650. 314
NOTES 315 PORTUGAL 1. Decree Law Number 59/93. 2. Individuals who enter Portugal clandestinely are subject to a fine of EUR 40, while illegal residents are liable to be fined EUR 655 for staying illegally for over 180 days. Individuals and companies who transport undocumented migrants may be fined up to EUR 2,175. 3. Article 37 of the 1998 Asylum Law. * UN Convention Against Transnational Organized Crime and its Smuggling and Trafficking Protocols: Portugal signed the UN Convention Against Transnational Organized Crime on 12 December 2000, but has not yet ratified the Convention. It signed the Trafficking Protocol on 12 December 2000, but has not yet ratified the Protocol. Portugal also signed the Smuggling Protocol on 12 December 2000, although it has not yet ratified this Protocol.
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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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ITALY 1. INVOLUNTARY RETURN 1.1 POL
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Quota System The Italian Quota Syst
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203 ITALY The new immigration law a
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205 ITALY respite is one week from
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207 ITALY The main state-funded vol
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209 ITALY Sustainability of Return
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LATVIA 1. INVOLUNTARY RETURN 1.1 PO
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213 LATVIA “detention” as used
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215 LATVIA Comparable to the French
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217 LATVIA Chartered Flights Latvia
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219 LATVIA A refugee, who does not
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Operational Steps for Voluntary Ret
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NOTES 223 LATVIA 1. Section 2 of th
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Page 266 and 267: Return Migration: Policies and Prac
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
Page 307 and 308: PORTUGAL 1. INVOLUNTARY RETURN 1.1
Page 309 and 310: 307 PORTUGAL Is perceived as a thre
Page 311 and 312: 309 PORTUGAL The 1994 Law on Provis
Page 313 and 314: 311 PORTUGAL Beyond this generic as
Page 315: 313 PORTUGAL Programme Services •
Page 331 and 332: SLOVENIA 1. INVOLUNTARY RETURN 1.1
Page 333 and 334: 331 SLOVENIA The European Conventio
Page 335 and 336: 333 SLOVENIA Instructions governing
Page 337 and 338: 335 SLOVENIA most frequent problems
Page 339 and 340: 2.3 BEST PRACTICES AND LESSONS LEAR
Page 341 and 342: SPAIN 1. INVOLUNTARY RETURN 1.1 POL
Page 343 and 344: 2001 and expected to run until 2004
Page 345 and 346: 343 SPAIN centre for refugee minors
Page 347 and 348: 345 SPAIN The Inter-ministerial Com
Page 349 and 350: 2. ASSISTED VOLUNTARY RETURN 347 SP
Page 351 and 352: Framework Agreements with Countries
Page 353 and 354: SWEDEN 1. INVOLUNTARY RETURN 1.1 PO
Page 355 and 356: 353 SWEDEN enforcement, may refuse
Page 357 and 358: 355 SWEDEN Swedish legislation make
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Page 363 and 364: 2. ASSISTED VOLUNTARY RETURN 361 SW
Page 365 and 366: 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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