Living in an area of Justice, Freedom and Security

1. Living in an area of Justice, Freedom and Security Overview ofEMN Study on RETURN European Commission Directorate General Justice, Freedom and Security Stephen DAVIES, EMN Desk Officer, Immigration and Asylum unit, DG Justice, Freedom and Security

2. European Migration Network Content • Framework/Topics • EU Policy context • National Debates • Voluntary Return • Forced Return • Counselling • Concluding Remarks Living in an area of Freedom, Justice and Security http://www.european-migration-network.org European Commission Directorate General Justice, Freedom and Security

3. European Migration Network Framework • Within framework of EMN’s Work Programme, undertook this Research Study. • Aim of the study was to contribute to policy development by presenting an overview of the different approaches to Return in the MS. • Primarily for policy-makers, at national and EU-levels, plus relevant administrative bodies, specialists. • 11 EMN NCPs (AT, BE, DE, EE, GR, IE, IT, LV, NL, SE, UK) participated, each producing comprehensive Country Study. Living in an area of Freedom, Justice and Security European Commission Directorate General Justice, Freedom and Security

4. European Migration Network Topics addressed • Current status of available data • Definitions used • Political & Legal Framework • Voluntary and Forced Return Actions • Provision of Assistance & Counselling • Bi- and Multi-lateral Co-operation Living in an area of Freedom, Justice and Security European Commission Directorate General Justice, Freedom and Security

5. European Migration Network EU Policy context • Council Directive 2001/40/EC (mutual recognition of decisions). • Transposed AT, BE, FIN, FR, DE, GR, IT, PT, NL, ES, SE, UK. Opted out DK, IE. EU-10 (& EU-2) upon Schengen Acquis. • Council Directive 2003/110/EC (assistance in removal by air). • Transposed AT, CZ, FIN, HU, LV, LT, PL, NL, SE. Partially BE, EE, not yet BG, CY, FR, DE, GR, IT, LU, MT, PT, RO, SK, SI, ES. Opted out DK, IE, UK. Living in an area of Freedom, Justice and Security European Commission Directorate General Justice, Freedom and Security

6. European Migration Network EU Policy context • Council Decision 2004/191/EC (compensation of financial imbalances from Directive 2001/40/EC). • Council Decision 2004/573/EC (on organisation of joint flights). • Proposed directive (COM2005)391final) on common return procedures for illegally resident third country nationals. • European Return Fund (2008-2013), budget €676M. Living in an area of Freedom, Justice and Security European Commission Directorate General Justice, Freedom and Security

7. European Migration Network Re-admission Agreements • Following Treaty of Amsterdam (May 1999), negotiation mandate conferred to Commission. • Concluded: Albania, Hong Kong, Macao, Russia (to be ratified), Sri Lanka, Ukraine (upon Council Decision) • Ongoing: Morocco, Pakistan, Turkey, FYROM, Serbia, Montenegro, Bosnia & Herzegovina, Moldova. • Yet to start: Algeria, China Living in an area of Freedom, Justice and Security European Commission Directorate General Justice, Freedom and Security

8. European Migration Network Definitions • Much discussion on understanding of (Assisted) Voluntary Return in particular. • In order to strive towards a degree of comparability, IOM definitions used for report: • Forced Return - the compulsory return of an individual to the country of origin, transit or third country, on the basis of an administrative or juridical act. • Voluntary Return - the assisted or independent return to the country of origin, transit or third country, based on the free will of the returnee. Living in an area of Freedom, Justice and Security European Commission Directorate General Justice, Freedom and Security

9. European Migration Network National Debates • Widespread criticism of Forced Return in respect to detention (BE, IT); removal procedures in individual cases (AT, DE, IE, NL); specific migrant groups (NL) and/or countries of return (UK). • Notable review of procedures was Vermeersch CommissionsI & II (Belgium). • In The Netherlands, a Return Supervisory Committee was set-up following discussions in media and its House of Representatives. Living in an area of Freedom, Justice and Security European Commission Directorate General Justice, Freedom and Security

10. European Migration Network Voluntary Return • Regulated by legal acts in AT, BE, EE, NL, UK. • Primarily undertaken by the IOM (not EE, LV) in co-operation with national authorities (funding) and sometimes NGOs. • Assisted Voluntary Return (AVR) preferred option: more dignified, much less expensive, more sustainable. • Example: AVR in UK in 2003/2004 were approx. 10-15% of Forced Return costs, costing in 2004/2005, £8.768.000 (€13M). • Evaluations of Voluntary Return actions undertaken in AT, NL, UK (+/- positive). Living in an area of Freedom, Justice and Security European Commission Directorate General Justice, Freedom and Security

11. European Migration Network Assistance • Assistance provided in terms of a financial incentive, travel documents/costs, reintegration assistance (EE, IE, IT, NL, UK). • Reintegration assistance in particular considered to contribute to sustainability (plus education opportunities in MS and CofR). • Not, however, considered as main motivation for return, instead facilitates. Living in an area of Freedom, Justice and Security European Commission Directorate General Justice, Freedom and Security

12. European Migration Network Motives/Obstacles • Motives: • Poor economic and household conditions • Improved political situation in country of return • Personal reasons • Insecurity in resident Member State • Length of asylum procedure • Obstacles: • Lack of financial resources • Difficulty in obtaining proper travel documents • Bad conditions in country of origin • Length of time spent in the resident Member State Living in an area of Freedom, Justice and Security European Commission Directorate General Justice, Freedom and Security

13. European Migration Network Forced Return • Main steps: Return Decision; Removal Order; poss. Detention; Expulsion; Re-entry ban (although different terminology used). • BE, EE, IE, LV, NL, UK first offer the possibility for Voluntary Return. • Withdrawal/suspension occurs for humanitarian reasons; non-refoulement; lack of travel documents; poor health of returnee; absconding. • Difficulties in identification of returnee common (also costly and time consuming). Lack of co-operation with some countries of origin. Living in an area of Freedom, Justice and Security European Commission Directorate General Justice, Freedom and Security

14. European Migration Network Counselling • Mainly for Voluntary Return and primarily by IOM (also conduct information campaigns). • Other actors include Fedasil (BE), Central Agency for the Reception of Asylum Seekers/Migration Institute (NL); Citizenship and Migration Board (EE), plus NGOs (in AT, EE, IE, NL, UK). • As well as financial assistance, includes free advice and information on CofR, (legal) counselling. • Besides travel arrangements; potential prospects; reintegration assistance. Living in an area of Freedom, Justice and Security European Commission Directorate General Justice, Freedom and Security

15. European Migration Network Concluding Remarks • Return increasingly important component of comprehensive (national/EU) migration policy, also for Country of Return. • The differing definitions/understandings in MS, and lack of comprehensive data for all, makes direct comparisons difficult. • Forced Return (by state authorities) has legal basis in all MS, whilst for Voluntary Return (by IOM plus NGOs), this exists only in some. • Voluntary Return with (reintegration) assistance considered more humane, cost-effective and sustainable. Living in an area of Freedom, Justice and Security European Commission Directorate General Justice, Freedom and Security

16. European Migration Network RESERVE Living in an area of Freedom, Justice and Security European Commission Directorate General Justice, Freedom and Security

17. European Migration Network Responsible authorities • Expulsion undertaken by, e.g. Immigration Service (BE), Citizenship and Migration Board (EE), Aliens Authority (EE), Office of Citizenship and Migration Affairs (LV), Migration Board (SE). • As well as the Border Guard and the National Police (private contractors in UK). • These authorities also take decision whether to use detain returnees (e.g. illegal border-crossing; violating immigration and residence procedures; unknown identity; threat to national security or public order; ensuring return actually occurs; from 'non-suspensive appeal’ country) Living in an area of Freedom, Justice and Security European Commission Directorate General Justice, Freedom and Security

18. European Migration Network Synthesis Report - Topics Living in an area of Freedom, Justice and Security European Commission Directorate General Justice, Freedom and Security