Return - IOM Publications - International Organization for Migration

Return Migration: Policies and Practices
Escorts
A risk assessment of the behaviour of a person being removed, as carried out by the Immigration
Service, may recommend the use of escorts in cases where there is a risk of violence, or medical
care might be needed. Following the decision of the police to discontinue the provision of
escorts in the early 1990s, escorts in the private sector have been successfully used since then,
under certification procedures prescribed in the 1999 Immigration Act.
Chartered Flights
In recent years, charter flights have been used to facilitate the removal of large groups of unsuccessful
asylum seekers, particularly to Kosovo, Albania, Zaire, Czech Republic and Poland.
Joint removals have also been carried out between the UK and Ireland to facilitate regular
removals to Pristina, while France has recently participated in removals to Kabul.
In exceptional circumstances in the past, Armed Forces aircrafts were used to remove particularly
violent or ill people to places where the Royal Air Force operated flights, but this is no
longer the practice.
Framework Agreements with Countries of Origin or Transit
In past years, the UK refrained from operating readmission agreements with third countries
because of the belief that it made the returns system more bureaucratic. However, the realization
in recent years that such agreements facilitated the return of unsuccessful asylum applicants,
particularly in light of difficulties posed by the lack of proper travel documentation and the
reluctance of some countries to accept their returning nationals, has led to negotiations with
countries of transit and origin.
In February 2003, the UK concluded readmission agreements with Bulgaria and Romania; and a
similar agreement with Albania is currently under discussion. The government has also held
negotiations with a number of countries including Algeria, Afghanistan, China, India, Jamaica,
Pakistan, Somalia and Turkey on the removal of third-country nationals through or to their territory,
to facilitate the issuance of travel documentation or on the use of charter services for
removal.
Within the framework of the EU, the UK has also made efforts to cooperate with relevant countries
of origin and transit in the areas of return and readmission, following the recommendations
of the Seville and Thessaloniki European Councils. Consequently, recent UK policy on migration
management has also been committed to the negotiation of EC readmission agreements and
to promoting bilateral agreements, where these are judged to be beneficial.
A number of agreements are also in place with “safe third countries”, mostly within the EU
sphere, which have resulted in removals from the UK to Austria and Germany.
Prosecution and Detention Procedures
Powers of detention are prescribed in the 1971 Immigration Act, as amended in the 1999 Act
under Section 10 and Section 62 of the Nationality and Immigration Act of 2002. The 1999 Act
included provisions for immigration officials and the police to arrest without warrant, detain and
search the premises of persons who are illegally in the UK; while the 2002 Act made further
provisions to remove illegal residents and extended to officers in the IND other than Immigra-
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