|
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 |
2022 |
Legislative |
|
Return of former applicants |
The Swedish Migration Agency published a legal comment (RK/002/2022) on the interpretation of CJEU C-441/19 by which the court ruled that, before issuing a return decision for an unaccompanied minor, Member States must confirm that there are adequate reception facilities for minors in the state of return. |
EUAA Asylum Report 2023 |
|
Belgium |
2019 |
Policy |
|
Return of former applicants |
Fedasil in Belgium issued a new instruction on the implementation of the return process for failed applicants with serious medical issues. |
EASO Asylum Report 2020 |
|
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 |
|
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 |
|
Greece |
2021 |
Legislative |
|
Return of former applicants |
Greece ratified the EU-Serbia Readmission Agreement and the EU-Montenegro Readmission Agreement. |
EUAA Asylum Report 2022 |
|
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 |
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 |
|
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 |
|
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 |
|
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 |
|
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 |
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 |
|
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 |
|
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 |
|
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 |