|
Cyprus |
2019 |
Policy |
|
Return of former applicants |
The AMIF project established the national forced return monitoring system, conducted by the Commissioner for Administration and Protection of Human Rights Ombudsman. |
EASO Asylum Report 2020 |
|
Estonia |
2019 |
Policy |
|
Return of former applicants |
The Estonian Police and Border Guard Board started to issue “three in one” decisions combining a negative decision on an asylum application, a return decision and a decision to impose a prohibition to entry. |
EASO Asylum Report 2020 |
|
Luxembourg |
2019 |
Legislative |
|
Return of former applicants |
An interdisciplinary commission was established to evaluate the best interests of unaccompanied minors in return decisions. |
LU LEG 03 2019 |
|
Netherlands |
2019 |
Legislative |
|
Return of former applicants |
An amendment to the Aliens Circular (Vc) was enacted: while in principle after the rejection of the first asylum application a departure period is granted, exceptions to the rule were extended concerning (among other things) apparently unfounded applications and applications predominantly based on socio-economic grounds. |
NL LEG 02 2019 |
|
Norway |
2019 |
Legislative |
|
Return of former applicants |
A legislative proposal was introduced for a national legal basis for a forced return monitoring system, in accordance with the relevant provisions of the Return Directive. |
NO LEG 03 2019 |
|
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 |
|
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 |
|
Germany |
2019 |
Legislative |
|
Return of former applicants |
A new category for tolerated stay (Duldung) was created for persons whose removal cannot be carried out due to ambiguities in their identity which they created, for example by not handing over the necessary travel documents or by misleading the authorities concerning their identity and nationality. These persons are subject to the residence obligation (Wohnsitzauflage) and do not have the right to undertake gainful employment. |
DE LEG 03 2019 |
|
Ireland |
2019 |
Legislative |
|
Return of former applicants |
Section 3(1) of the Immigration Act 1999 was amended to confirm that the Minister’s power to make a deportation order is subject to the prohibition of refoulement set out in the Immigration Act 1999, Section 3A. The Minister for Justice and Equality clarified that this legal amendment corrected a gap in the law. |
IE LEG 01 2019 |
|
Austria |
2019 |
Legislative |
|
Return of former applicants |
The act grants a postponement of the time limit for voluntary departure to rejected applicants who are in an apprenticeship. |
AT LEG 03 2019 |
|
Belgium |
2019 |
Legislative |
|
Return of former applicants |
An amendment to the Immigration Act further clarified decision-making competences in issuing an order to leave the territory. |
BE LEG 03 2019 |
|
Czech Republic |
2019 |
Legislative |
|
Return of former applicants |
The non-refoulement check within the return decision procedure was simplified. The check is no longer required for persons from safe countries of origin, unless the person states that in his/her specific case there are concerns about his/her safety in case of return. |
CZ LEG 01 2019 |
|
Finland |
2019 |
Legislative |
|
Return of former applicants |
A subsequent application no longer prevents the enforcement of a removal decision if the subsequent application is deemed to be inadmissible and was submitted only for the purpose of delaying or impeding a removal. |
FI LEG 01 2019 |
|
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 |
|
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 |
|
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 |
|
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 |
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 |
|
Latvia |
2021 |
Legislative |
|
Return of former applicants |
Latvia ratified the readmission agreement with Armenia in October 2021. |
EUAA Asylum Report 2022 |
|
Luxembourg |
2021 |
Legislative |
|
Return of former applicants |
Amendments were introduced to the amended Immigration Law of 2008 to ensure a more effective management of the removal of third-country nationals who are illegally residing in Luxembourg. |
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 |
|
Belgium |
2021 |
Policy |
|
Return of former applicants |
By 2022, 80 new staff members are expected to be recruited as return counsellors to organise interviews and information sessions with migrants and rejected asylum seekers living in private housing, who have recently received a return decision. |
EUAA Asylum Report 2022 |