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Return Migration: Policies and Practices FIGURE 1 Source: ECRE – Legal and Social Conditions for Asylum Seekers and Refugees in Europe, 2003 – Austria 30
2. ASSISTED VOLUNTARY RETURN 31 AUSTRIA 2.1 POLICY AND LEGISLATIVE INSTRUMENTS AND PROVISIONS As an alternative to forced removals, the Austrian government offers assistance to facilitate voluntary return. The basis of assisted voluntary can be found in the 1991 Bundesbetreuungsgesetz (Law on Federal Social Care), which establishes the overall guidelines for federal care programme for asylum seekers. Article 12 of this law states that the Ministry of Interior can provide financial assistance to people whose asylum application has been rejected or refugees who want to return voluntarily to their country of origin. As a minimum, this financial assistance provides for the cost of travel back to the country of origin or other country of residence. In order to facilitate assisted returns the non-governmental organization, Caritas, implements a programme funded by the European Refugee Fund (ERF) and the Ministry of Interior (MOI). In accordance with the obligation to provide assistance to migrants who wish to return to their home countries, an agreement on assisted voluntary return between IOM’s office in Vienna and the Austrian Ministry of Interior has been in place since June 2000, although IOM has been implementing AVR programmes in Austria since 1996. This generic programme on Humanitarian Voluntary Return provides return and reintegration assistance to rejected asylum seekers, asylum seekers who have withdrawn their applications and other migrants who have been issued with or are liable to be issued with a deportation order. Special return and reintegration programmes may also be implemented when circumstances warrant them. Since April 2003, IOM Vienna has been entrusted with the implementation of a project on the “Coordination of the Assistance for Voluntary Return to Afghanistan,” which is financed by the European Refugee Fund and the Austrian Ministry of Interior, and promotes the return of qualified Afghan nationals. This project aims at establishing linkages between return counselling in Austria and the logistics of the return and arrival in the country of origin. The Austrian government has also considered other avenues of voluntary return assistance, and in October 2002 it commissioned a private German agency, European Homecare, to provide return counselling in the refugee camp Traiskirchen. Between October and December 2002 a total of three persons were returned via referral through European Homecare. In addition European Homecare obtained return documentation for nine returning migrants, who were assisted to return by IOM Vienna. 2.2 ADMINISTRATIVE AND PROCEDURAL ARRANGEMENTS Institutions Responsible for Voluntary Return The Ministry of Interior has overall responsibility for voluntary return policies and works in cooperation with IOM and NGOs such as Caritas and the Red Cross, towards the implementation of these policies.
Page 1 and 2: Return Migration Policies & Practic
Page 3: Return Migration: Policies and Prac
Page 7 and 8: TABLE OF CONTENTS Introduction 7 Ex
Page 9 and 10: INTRODUCTION 7 INTRODUCTION This re
Page 11 and 12: 9 INTRODUCTION EU-funded capacity b
Page 13 and 14: EXECUTIVE SUMMARY 11 EXECUTIVE SUMM
Page 15 and 16: 13 EXECUTIVE SUMMARY In some cases,
Page 17 and 18: 15 EXECUTIVE SUMMARY Most returning
Page 19 and 20: 17 EXECUTIVE SUMMARY There may equa
Page 21: NOTES 19 EXECUTIVE SUMMARY 1. Readm
Page 24 and 25: Return Migration: Policies and Prac
Page 41 and 42: BELGIUM 1. INVOLUNTARY RETURN 1.1 P
Page 43 and 44: 41 BELGIUM measure, persons who col
Page 45 and 46: 43 BELGIUM agreement concerns natio
Page 47 and 48: Re-entry is possible, if the migran
Page 49 and 50: 2. ASSISTED VOLUNTARY RETURN 47 BEL
Page 51 and 52: 49 BELGIUM Recognized refugees can
Page 53: NOTES 51 BELGIUM 1. Amendment of th
Page 65 and 66: CZECH REPUBLIC 1. INVOLUNTARY RETUR
Page 67 and 68: 65 CZECH REPUBLIC Aliens and Border
Page 69 and 70: 67 CZECH REPUBLIC The Czech Republi
Page 71 and 72: 69 CZECH REPUBLIC The Czech Ministr
Page 73 and 74: 2.2 STATISTICS ON VOLUNTARY RETURN
Page 75 and 76: DENMARK 1. INVOLUNTARY RETURN 1.1 P
Page 77 and 78: Administrative Expulsion Orders 75
Page 79 and 80: 77 DENMARK The same provision appli
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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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Return Migration: Policies and Prac
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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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NORWAY 1. INVOLUNTARY RETURN 1.1 PO
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277 NORWAY Lack of the necessary tr
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279 NORWAY The Immigration Director
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281 NORWAY tion database for finger
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283 NORWAY There is no specific leg
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285 NORWAY general repatriation ass
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Lessons Learned 1.4 BEST PRACTICES
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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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