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Portugal 305 Slovakia 317 Slovenia 329 Spain 339 Sweden 351 Switzerland 369 United Kingdom 381 Bibliography 397 6
INTRODUCTION 7 INTRODUCTION This report is an extensive compendium of information on migrant return policy, legislation and practice by the European Union (EU) Member States, the ten acceding states due for EU membership in May 2004, and Norway and Switzerland. It has been prepared by the International Organization for Migration (IOM) and draws on a variety of sources, including governments, IOM, IGC and ICMPD. The data derives mainly from government records and IOM’s programmes and research. The report was commissioned by the Netherlands’ Advisory Committee on Aliens Affairs, and is intended to put the return issue in the wider context of the Netherlands’ Presidency of the EU from July to December 2004. The addition of Norway and Switzerland helps complete the comparison across wider Europe. Return 1 migration has in the past decades emerged as a critical element of many governments’ migration policy – an integral part of effective migration management, alongside strong border management and timely and fair asylum processes. It is seen by many as the cornerstone of any successful strategy to prevent or deter irregular migration and residence in EU States. Return of migrants unable or unwilling to remain in a host country 2 – such as rejected asylum seekers, stranded migrants or persons in irregular situations – can help maintain the integrity of asylum systems and regular immigration programmes. As such, it supports states’ sovereign right under international law to determine who should enter and remain on their territory, and under what conditions. Effective migrant return can also be important for maintaining productive bilateral relations between countries of origin, transit and destination. Experience has shown that involuntary 3 and voluntary returns are interlinked and have a mutually reinforcing effect. A number of European states have found that voluntary return has been most successful where involuntary return is also resorted to. Assisted voluntary return (AVR) is increasingly seen by most governments cited in the study as the preferred return option, proving to be more cost effective, humane, and conducive to good relations among all players, also at other levels such as trade and cultural exchange. In the last decade, the number of states in Europe implementing assisted voluntary return programmes has increased substantially. Today, there are more than 20 AVR programmes operating out of 18 countries in Europe compared with only four programmes ten years ago. The earliest AVR programme was the German REAG programme, commenced with IOM in 1979. The Dutch, Belgian, Swiss and other programmes followed thereafter, in various manifestations. The Finnish Government even includes AVR in its MOI guidelines on expulsion and forced return orders, to ensure its availability as an alternative to the enforcement processes. Experience has also shown that additional “investment” by returning states in reintegration support in countries of origin is likely to render the return most sustainable with flow-on benefits
Page 1 and 2: Return Migration Policies & Practic
Page 3: Return Migration: Policies and Prac
Page 7: TABLE OF CONTENTS Introduction 7 Ex
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
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Return Migration: Policies and Prac
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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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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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