|
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 |
|
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 |
|
Sweden |
2020 |
Policy |
|
Return of former applicants |
The Swedish government tasked several national bodies, including the police and the Swedish Migration Agency, to analyse the factors that prevent the enforcement of a decision on a refusal of entry or return. |
EASO Asylum Report 2021 |
|
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 |
|
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 |
|
Latvia |
2021 |
Legislative |
|
Return of former applicants |
Latvia ratified the readmission agreement with Armenia in October 2021. |
EUAA Asylum Report 2022 |
|
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 |
2021 |
Policy |
|
Return of former applicants |
Sweden amended and issued legal positions on returns, addressing practical obstacles (RS/048/2021) and the immediate enforcement of a return to the home country including safe countries of origin (RS/071/2021). |
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 |
|
Lithuania |
2020 |
Legislative |
|
Return of former applicants |
An amendment clarified that a return decision cannot be issued pending the examination of an application for international protection. |
EASO Asylum Report 2021 |
|
Austria |
2020 |
Legislative |
|
Return of former applicants |
An amendment to the Federal Office for Immigration and Asylum Procedures Act, promulgated on 23 December 2020, requires mandatory return counselling sessions to be held at an advanced stage of the procedure. |
EASO Asylum Report 2021 |
|
Estonia |
2020 |
Legislative |
|
Return of former applicants |
The criteria for the risk of absconding when a return decision is issued were clarified. |
EASO Asylum Report 2021 |
|
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 |
|
Slovakia |
2021 |
Policy |
|
Return of former applicants |
A new strategic document on migration policy was adopted, with an emphasis on voluntary returns rather than forced returns. |
EUAA Asylum Report 2022 |
|
Croatia |
2021 |
Policy |
|
Return of former applicants |
AMIF funds have been allocated for the implementation of the project "Informatisation of work and work processes in the Detention Centre for Foreigners", which aims to establish an electronic database of accommodated foreigners and enable video calls and conversations to take place between foreigners and their diplomatic and consular missions in and outside of Croatia. |
EUAA Asylum Report 2022 |
|
France |
2019 |
Policy |
|
Return of former applicants |
Three new centres for DRAPs (dispositifs de préparation de l’aide au retour) were opened. |
EASO Asylum Report 2020 |
|
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 |
|
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 |
|
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 |
|
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 |
|
Lithuania |
2020 |
Legislative |
|
Return of former applicants |
New criteria were added for assessing whether there was a risk of absconding. |
EASO Asylum Report 2021 |
|
Austria |
2020 |
Legislative |
|
Return of former applicants |
The responsibility for return counselling and return assistance was shifted to the Federal Agency for Care and Support Services as of 1 January 2021. |
EASO Asylum Report 2021 |
|
Sweden |
2019 |
Policy |
|
Return of former applicants |
The Swedish Migration Agency published a legal comment on Sudan leading to the temporary suspension of returns to the country. |
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 |