international legal standards and good practices 22 23 March 2017 - - PowerPoint PPT Presentation

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international legal standards and good practices 22 23 March 2017 - - PowerPoint PPT Presentation

Conference on Migrants in an irregular situation whose return or removal has been postponed in line with OSCE commitments, international legal standards and good practices 22 23 March 2017 Riga Latvia Return Department - General


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Conference on « Migrants in an irregular situation whose return

  • r removal has been postponed

in line with OSCE commitments, international legal standards and good practices »

22 – 23 March 2017 Riga Latvia

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Return Department - General Framework

The Return Department is in charge of executing return decisions taken by the Minister, in accordance with the modified law of 29 August 2008 concerning the free movement

  • f

persons and

  • immigration. The return decisions concern both rejected asylum

seekers and third country nationals in irregular stay. The execution

  • f

return decisions includes in particular the management of voluntary returns and the organisation of forced

  • returns. It also includes administrative detention or less coercive

measures such as the regular presentation before the Minister’s Services, house arrest (with or without technical means of control) or the deposit of a financial guarantee. Asylum seekers who already asked for asylum in another EU member state are transferred to the state in charge of the asylum procedure.

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Return Department - Activities

  • Identification
  • Voluntary returns
  • Forced returns

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2013 2014 2015 2016 Voluntary returns 595 488 617 456 Forced returns 84 153 176 113 TOTAL 679 641 793 569

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Return Department - Activities

  • Identification
  • official documents or copies of
  • fficial documents
  • interviews with consuls
  • language test

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Return Department - Activities

  • Language test
  • verification of declarations

concerning the origin

  • evaluation by a linguistics expert

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Return Department - Activities

  • Postponement of removal
  • Art 125 bis: persons who are not able to leave the

country for reasons beyond their control

  • Art 129: life and freedom severely endangered

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Return Department - Activities

  • Suspension of removal
  • Art 130: medical reasons
  • Maximum 6 months
  • Renewable to a maximum of 2 years
  • After 2 years, residence permit for medical reasons
  • Regularisation under certain conditions
  • Housing
  • Work

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Thank you for your attention! Q & A

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