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2. ASSISTED VOLUNTARY RETURN
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SPAIN
2.1 POLICY AND LEGISLATIVE INSTRUMENTS AND PROVISIONS
The presence of unauthorized residents in Spain has traditionally been tolerated. Despite the fact
that unsuccessful asylum seekers and other undocumented migrants are obliged to leave the
country 15 days after receipt of notification to leave following an in-country apprehension, or
72 hours after an unfavourable asylum decision, many manage to remain in the country in breach
of immigration laws.
As in Italy, the Spanish government’s initial attempt to better manage its growing population of
unauthorized migrants was through regularization programmes during the 1990s. By 2000, the
subject of immigration had become firmly established on the political and social agenda, leading
to renewed efforts to manage migration through new administrative and legislative structures,
such as Organic Law 4/2000 on the Rights and Freedoms of Foreigners in Spain and their Social
Integration, which was amended by Organic Law 8/2000. This for the first time briefly mentions
AVR and states: “the government will contemplate yearly the financing of assisted voluntary
return programmes to persons who may want to apply”.
Other migration management strategies have been implemented since then, including the initiation
in 2001 of an assisted voluntary return programme. Funded by the Ministry of Labour and
Social Affairs, AVR programmes in Spain are not implemented through a central agency. A wide
array of government ministries, municipalities, IGOs, NGOs and social service providers are
involved in their implementation.
The scope of voluntary return schemes available in Spain is rather limited, since such programmes
are still in their infancy. While assistance for voluntary return is available at any stage during the
asylum determination process, authorities do not actively promote such programmes at any stage
during the process.
Current mechanisms for assisted voluntary return programmes are aimed at persons who:
Have been offered temporary protection;
Are recognized refugees;
Are unsuccessful asylum applicants.
They provide information and guidance to facilitate returns. In some circumstances, reintegration
support may also be offered in the country of origin.