|
Netherlands |
2020 |
Legislative |
|
Return of former applicants |
The Aliens Circular was amended and clarified that when a child is born after a parent has received a return decision, even though the child is subject to an independent return decision, the period of voluntary return is aligned to the parents' decision and expires at the same time. |
EASO Asylum Report 2021 |
|
Germany |
2019 |
Legislative |
|
Return of former applicants |
Authorities will no longer announce the planned date for forced removal following the expiry of the date for voluntary return. Information about the circumstances of a particular removal is now considered to be secret and sharing such information or instigating or abetting the sharing of such information is punishable under criminal law. |
DE LEG 03 2019 |
|
Lithuania |
2020 |
Policy |
|
Return of former applicants |
A questionnaire was developed and is provided to rejected applicants to assess their willingness for voluntary return. |
EASO Asylum Report 2021 |
|
Finland |
2021 |
Policy |
|
Return of former applicants |
Various projects were implemented on processing data and digitalising information systems relevant to return, while the relevant legal framework was adapted accordingly. |
EUAA Asylum Report 2022 |
|
Switzerland |
2021 |
Legislative |
|
Return of former applicants |
A number of legislative changes were adopted in the area of asylum and return, including compulsory COVID-19 tests for a person subject to a return, expulsion measure or a Dublin transfer, even against their will. |
EUAA Asylum Report 2022 |
|
Netherlands |
2020 |
Policy |
|
Return of former applicants |
The IND published new work instructions providing guidelines to implement ECHR, Article 8. |
EASO Asylum Report 2021 |
|
Germany |
2019 |
Legislative |
|
Return of former applicants |
Further improvement to the AZR is foreseen to better monitor voluntary departure. |
DE LEG 01 2019 |
|
Cyprus |
2021 |
Legislative |
|
Return of former applicants |
Amendments entered into force allowing the Head of the Asylum Office to issue a deportation or removal order jointly with a negative decision when deciding on an application for international protection. Both decisions, which are no longer separate administrative acts, can be challenged before the International Protection Administrative Court and the suspensive effect may be automatic. |
EUAA Asylum Report 2022 |
|
Denmark |
2021 |
Legislative |
|
Return of former applicants |
The Return Act (Hjemrejseloven), the first consolidated law in the field of return, came into force on 1 June 2021. The mandate and responsibilities of the Danish Return Agency are formalised in the act. |
EUAA Asylum Report 2022 |
|
Denmark |
2021 |
Legislative |
|
Return of former applicants |
New legislation obliges applicants to undergo a medical examination for diseases and illnesses covered by the Danish Epidemic Act, e.g. COVID-19. If a returnee refuses to be tested, the Danish Return Agency can request the assistance of the police and the testing may, if necessary, be carried out with the use of force. The testing is always carried out by a health care professional. |
EUAA Asylum Report 2022 |
|
Czech Republic |
2020 |
Institutional |
|
Return of former applicants |
Regional offices of the Czech Return Unit were established in Brno and in detention centres in Bela-Jezova, Balkova and Vysni Lhoty. |
EASO Asylum Report 2021 |
|
Ireland |
2021 |
Legislative |
|
Return of former applicants |
An amendment to the International Protection Act 2015, Section 48(3) to extend the 5-day period for a voluntary return to 30 days has been finalised for inclusion in the General Scheme of the Courts and Civil Law (Miscellaneous Provisions) Bill 2022, a government priority bill. This change was implemented in line with recommendations of the Advisory Group on the Provision of Support including Accommodation to Persons in the International Protection Process. |
EUAA Asylum Report 2022 |
|
Switzerland |
2022 |
Policy |
|
Return of former applicants |
The Federal Council modified the assessment for fitness to travel of persons who are returned or expelled. |
EUAA Asylum Report 2023 |
|
Austria |
2019 |
Institutional |
|
Return of former applicants |
A new Department for Return and Reintegration (V/10) was established as part of Section V in the Federal Ministry of the Interior. |
EASO Asylum Report 2020 |
|
Italy |
2020 |
Legislative |
|
Return of former applicants |
The list of circumstances in which protection against refoulement applies was extended. In addition to cases where a foreigner is at risk of being subjected to torture in the country of origin, the list includes cases where a person may be subjected to inhuman or degrading treatment and where there is a risk of a violation of the right to respect for private and family life. |
EASO Asylum Report 2021 |
|
Greece |
2021 |
Legislative |
|
Return of former applicants |
Greece ratified the EU-Serbia Readmission Agreement and the EU-Montenegro Readmission Agreement. |
EUAA Asylum Report 2022 |
|
Ireland |
2020 |
Legislative |
|
Return of former applicants |
If the period of validity of a return order made in respect of a person whose application for international protection is determined to be inadmissible expires and the person has not been returned, it will be assumed that the person would like to apply for international protection, which will be notified in writing with an invitation to complete the form. |
EASO Asylum Report 2021 |
|
Ireland |
2020 |
Legislative |
|
Return of former applicants |
The International Protection Act 2015 was amended to describe arrangements that may be applied to facilitate the return of a person whose application for international protection was determined to be inadmissible, including reporting requirements, requirements to reside in a particular place, surrender of a passport or travel documents and adult's detention for a maximum of 7 days when there is a significant risk of absconding. |
EASO Asylum Report 2021 |
|
Greece |
2021 |
Legislative |
|
Return of former applicants |
Amendments introduced that all decisions rejecting requests for international protection should include a return provision. If another return or deportation order is already in force, it must be incorporated in the decision rejecting the application and ordering the return. The period of voluntary departure was shortened to 25 days, which may be extended up to 120 days. |
EUAA Asylum Report 2022 |
|
Sweden |
2020 |
Policy |
|
Return of former applicants |
The Swedish Migration Agency published a new legal position on practical obstacles to the implementation and enforcement of returns. |
EASO Asylum Report 2021 |
|
Denmark |
2020 |
Institutional |
|
Return of former applicants |
The Danish Return Agency started its operations on 1 August 2020 and is responsible for tasks linked to return, with the exception of forced removals. |
EASO Asylum Report 2021 |
|
Sweden |
2020 |
Policy |
|
Return of former applicants |
Legal position on the application of ECHR, Article 3, when illness is invoked. |
EASO Asylum Report 2021 |
|
Sweden |
2020 |
Policy |
|
Return of former applicants |
A new legal position was issued to provide guidance on the assessment of the right to private and family life in the application of the temporary law, and specifically when assessing whether a decision on a foreigner's return infringes the right prescribed in Article 8. |
EASO Asylum Report 2021 |
|
France |
2021 |
Legislative |
|
Return of former applicants |
Penal sanctions apply to people who refuse to comply with health requirements which are required for an automatic enforcement of an expulsion measure. |
EUAA Asylum Report 2022 |
|
Switzerland |
2020 |
Legislative |
|
Return of former applicants |
An amendment to the ordinance on implementation of return and expulsion of foreigners settles access rights, data security and data retention of the new information system, eRetour. |
EASO Asylum Report 2021 |