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that can combine migration management with the protection of refugees: “[M]igration management must take due account of international refugee protection obligations, including the importance of identifying people in need of international protection and determining appropriate solutions for them” 303 . According to UNHCR, mixed migration towards the European Union’s borders cannot be addressed by “enhanced border and migration control measures alone”, but should involve “close cooperation among states within the European Union, as well as with governments of countries of transit and origin.” 304 In 2006 the Office developed a ten-point action plan of protection tools, especially relevant for refugees who are at risk of refoulement, human rights violations and other potential hazards. The framework could be developed into broad migration strategies and could have an impact on the introduction of regularisation measures. The action plan proposes mechanisms to make asylum proceedings more flexible and transparent and which could, subsequently, reduce backlogs in applications. The measures include: (i) the establishment of protection-sensitive State entry systems (training of border guards on how to respond to asylum applications); (ii) the development of appropriate reception arrangements (registration of new arrivals and provision with temporary documentation) and (iii) the launch of mechanisms for profiling and referral (initial determination and counselling in order to establish whether people wish to seek asylum. and to identify other available options, including return, regularisation or regular onward migration. 305 In some situations, the UNHCR argues, refugees and other relevant persons of concern could profit from migrant-worker programmes or temporary work permits. Similarly, refugees could benefit from legal onward movement from the host State to a third country through regular migration channels. 306 Regarding persons who do not meet the criteria for refugee status, UNHCR proposes to take into consideration alternative temporary migration options: “these could variously allow them to stay legally in the country of arrival, or to move to a third country for humanitarian reasons, or for the purposes of work, education or family reunion. Efforts to address mixed population movements should also explore a place for regular migration options, temporary or even longer term.” 307 In its commentary on the Commission’s 2007 Green Paper on the future common European asylum system also sees a need for a common European policy on regularisation: “While it is beyond the scope of UNHCR’s mandate to comment on regularization measures for persons who are not in need 303 UNHCR (2007): Observations on the occasion of the First Euro-Mediterranean Ministerial Meeting on Migration Algarve, 18-19 November 2007. Available at: http://www.unhcr.org/protect/PROTECTION/473d554b2.pdf , p.1 304 UNHCR (2007): Implementing the Ten-Point Plan of Action in Southern Europe: Activities Undertaken by UNHCR to Address Mixed Migration in the Context of the Mediterranean/Atlantic Arrivals. Available at: http://www.unhcr.org/protect/PROTECTION/452ce4cd4.pdf, p.1 305 UNHCR (2007): Refugee Protection and Mixed Migration: A 10-Point Plan of Action, revised January 2007, http://www.unhcr.org/protect/PROTECTION/4742a30b4.pdf, p.3 306 UNHCR (2007): Global Appeal 2008-2009; Available at: http://www.unhcr.org/publ/PUBL/474ac8c12.pdf, p.28 307 UNHCR (2007): Refugee Protection and Mixed Migration, op. cit., p.3-4 100
of international protection, it is clear that this is an area in which increased EU coordination is needed.” 308 Finally, the Office observes that there is considerable confusion in the European media about terms such as “refugees”, “asylum-seekers”, irregular (or “illegal”) migrants, and “economic migrants”. Moreover, asylum-seekers and refugees are often cited in close association with crime and terrorist acts. Consequently, UNCHR calls on mass information campaigns in countries of origin, transit and destination, in order to discourage irregular migration, warn of the dangers of smuggling and trafficking, and focus on legal migration options. 309 308 UNHCR (2007): Response to the European Commission’s Green Paper on the Future Common European Asylum System, available at http://www.unhcr.org/protect/PROTECTION/46e53de52.pdf , p.27 309 UNHCR (2007): Implementing the Ten-Point Plan of Action, op. cit., p.9 101
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REGINE Regularisations in Europe St
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CONTRIBUTORS Principal authors Mart
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Preface In December 2007, the Europ
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1 Terms, definitions and scope 1.1
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Table 1: Types of illegal or irregu
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1.3 Freedom of movement rights and
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1.4 The meaning of ‘regularisatio
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Regularisation Mechanism A regulari
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2 Previous comparative studies on r
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Generally, the focus of SOPEMI repo
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enefiting from regularisation has s
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amnesty and moreover involved (limi
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2. 3 The Odysseus study on regulari
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etween expediency and obligations c
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Sunderhaus identifies several ratio
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whether it can be attributed to pul
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Box 2: 3-tier earned regularisation
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measures; it does address questions
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3.1.1 Regularisation Programmes Ove
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Nine Member States provided details
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Figure 3 Grants of regularised stat
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Box 3: Regularisation policy in Swi
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3.2 Regularisation as a policy resp
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Table 5: Comparative table of regul
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case in Europe, alongside the more
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that a year after regularisation so
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treatment according to nationality,
Page 55 and 56: iii. issues of advance planning iv.
Page 57 and 58: iv. the requirement to appear in pe
Page 59 and 60: denying residence permits to existi
Page 61 and 62: efugees under the provisions of the
Page 63 and 64: 4 Government positions on policy 15
Page 65 and 66: 5 Positions of social actors 5.1 In
Page 67 and 68: Since the 1990s - and in some count
Page 69 and 70: live their lives without fear.” 1
Page 71 and 72: admission policies. 181 The Danish
Page 73 and 74: and useful, if planned and implemen
Page 75 and 76: depend on (unskilled) immigrant lab
Page 77 and 78: migration”. 209 In the opinion of
Page 79 and 80: stresses that “economic immigrati
Page 81 and 82: undocumented migrants by the Brusse
Page 83 and 84: NGO/Country Main activities in rega
Page 85 and 86: NGO/Country Assessment of own role/
Page 87 and 88: known that this makes them vulnerab
Page 89 and 90: eaching reforms of the overall fram
Page 91 and 92: Accord of March 2008 have not yet b
Page 93 and 94: Table 8: Suggested target groups fo
Page 95 and 96: policy measures that could be adopt
Page 97 and 98: followed by the granting of any sta
Page 99 and 100: for irregular migrants, while Italy
Page 101 and 102: interpretations of the EU directive
Page 103 and 104: considered to be “flexible, adapt
Page 105: iii. Measures and sanctions against
Page 109 and 110: 7.2 European Union approaches to il
Page 111 and 112: immigration.” 321 Finally, the st
Page 113 and 114: involve large numbers. Secondly, th
Page 115 and 116: 8 Policy Options OPTION 1: REGULATI
Page 117 and 118: initiative. In the case of permanen
Page 119 and 120: Ultimately, a comprehensive definit
Page 121 and 122: nor need it be seen as an endorseme
Page 123 and 124: permits, Member States should take
Page 125 and 126: OPTION 6: STRENGTHENING THE PRINCIP
Page 127 and 128: Rationale and possible impact: Upon
Page 129 and 130: information exchange could contribu
Page 131 and 132: d) apprehension data should disting
Page 133 and 134: OPTION 11: REVIEW OF ADMINISTRATIVE
Page 135 and 136: 9 Conclusions and preferred policy
Page 137 and 138: management of irregular migration s
Page 139 and 140: more reserved than that of Business
Page 141 and 142: 9.5.2 Policy issues Previously (in
Page 143 and 144: Option 6a Facilitating access to lo
Page 145 and 146: Italy Ministerio Interno, Dipartime
Page 147 and 148: Federacion Andalucia ACOGE, Respons
Page 149 and 150: 11 References - secondary sources 1
Page 151 and 152: United Kingdom, European Democrat G
Page 153 and 154: Hollifield, J. (2004): ‘France: R
Page 155 and 156: Papademetriou, D. (2005): The “Re
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Watts, J. (2002): Immigration Polic
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European Commission, Proposal for a
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