|
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 |
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 |
|
Bulgaria |
2020 |
Legislative |
|
Return of former applicants |
The Law on Foreigners was amended to provide clarification on the return procedure. For example, the country to which a return is to be executed must be indicated in the return decision. Automatic suspensive effect was introduced for an appeal which is filed against an expulsion order issued on the grounds of serious threat to public order. In addition, if it is established by a judicial act that a foreigner subject to a removal order cannot be returned to a country due to a risk to the person's life and liberty or persecution, torture, inhuman or degrading treatment, an order must be issued which explicitly states the prohibition of return and the state to which the foreigner should not be returned. This order is not subject to appeal. |
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 |
|
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 |
|
Sweden |
2021 |
Policy |
|
Return of former applicants |
The Swedish Migration Agency updated the list of countries whose citizens are eligible for reintegration assistance in cash when returning to these countries from Sweden. |
EUAA Asylum Report 2022 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
Germany |
2019 |
Legislative |
|
Return of former applicants |
Further improvement to the AZR is foreseen to better monitor voluntary departure. |
DE LEG 01 2019 |
|
Netherlands |
2020 |
Policy |
|
Return of former applicants |
The IND published new work instructions providing guidelines to implement ECHR, Article 8. |
EASO Asylum Report 2021 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
Netherlands |
2020 |
Legislative |
|
Return of former applicants |
The time limit for announcing the exact date of the forced removal is shortened from 48 hours to 36 hours (Article A3/6). The announcement can be omitted if there is a risk that the prior announcement would endanger the safety or health of the person or the family members. If the departure cannot take place, a new option is sought, and if the removal can take place within 2 days from the original date, a new prior notice is not necessary. |
EASO Asylum Report 2021 |
|
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 |
|
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 |
|
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 |
|
Finland |
2020 |
Policy |
|
Return of former applicants |
The Ministry of the Interior launched an update of the action plan for preventing illegal entry and residence for the period 2021-2024. |
EASO Asylum Report 2021 |