(a) Return Policies

  Main Debates Is there Adequate Protection for Rejected Asylum-Seekers in order to Ensure that Return Policies do not Infringe the Non-Refoulement Principle?   Main Points Use of Protection Mechanisms to Delay  Expulsion or Removal   EU Documents Commission Proposal for a Directive of the European Parliament and of the Council on common standards and procedures in Member States for returning illegally staying third-country nationals, COM (2005) 391, 1 September 2005. ‘Green Paper on a Community Return Policy on Illegal Residents’, COM (2002) 175, 10 April 2002. ‘Commission communication on a Community return policy on illegal residents’, COM(2002)175, 10 April 2002. ‘Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions “Study on the links between legal and illegal migration”’, COM (2004) 412, 4 June 2004. ‘Communication from the Commission to the Council, the European Parliament, in view of the European Council of Thessaloniki on the development of a common policy on illegal immigration, smuggling and trafficking of human beings external borders and the return of illegal residents’, COM (2003) 323, 3 June 2003. Council Directive (EC) 2003/110 on assistance in cases of transit for the purposes of removal by air, OJ L 321/26, 6 December 2003.   UNHCR Documents UNHCR EXCOM, ‘Conclusion on the Return of Persons Found Not to Be in Need of International Protection’, Conclusion No. 96 (LIV), 2003.   Readings Core R. Cholewinski, ‘European Union Policy on Irregular Migration: Human Rights Lost?’, in B. Bogusz, R. Cholewinski, A. Cygan and E. Szyszczak, Irregular Migration and Human Rights: Theoretical, European and International Perspectives (Leiden: Martinus Nijhoff, 2004), Part III, 9. C. Rodier, ‘Analysis of the external dimension of the EU’s asylum and immigration policies’, Summary and Recommendations for the European Parliament, DGExPo/B/PolDep/ETUDE/2006_11, PE 374.366, 8 June 2006.     ExtendedConsortium of 13 NGOs, including Cimade (France), Amnesty International EU, Churches’ Commission for Migrants in Europe, Caritas Europa, Human Rights Watch and others: ‘Common Principles on Removal of Irregular Migrants and Rejected Asylum Seekers’, August 2005. ECRE ‘Comments from the European Council on Refugees and Exiles on the Commission Green Paper on a Community Return Policy on Illegal Residents (Brussels, 10. 04. 2002, COM(2002)175 final)’, 2 August 2002.

About the Reader

Section I Introduction to International Refugee Law: Background and Context


Section II International Framework for Refugee Protection


Section III European Framework for Refugee Protection


Section IV UNHCR and Other Actors Relevant to International Asylum Law




(a) Return Policies

 

Main Debates

Is there Adequate Protection for Rejected Asylum-Seekers in order to Ensure that Return Policies do not Infringe the Non-Refoulement Principle?

 

Main Points

Use of Protection Mechanisms to Delay  Expulsion or Removal

 

EU Documents

Commission Proposal for a Directive of the European Parliament and of the Council on common standards and procedures in Member States for returning illegally staying third-country nationals, COM (2005) 391, 1 September 2005.

‘Green Paper on a Community Return Policy on Illegal Residents’, COM (2002) 175, 10 April 2002.

‘Commission communication on a Community return policy on illegal residents’, COM(2002)175, 10 April 2002.

‘Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions “Study on the links between legal and illegal migration”’, COM (2004) 412, 4 June 2004.

‘Communication from the Commission to the Council, the European Parliament, in view of the European Council of Thessaloniki on the development of a common policy on illegal immigration, smuggling and trafficking of human beings external borders and the return of illegal residents’, COM (2003) 323, 3 June 2003.

Council Directive (EC) 2003/110 on assistance in cases of transit for the purposes of removal by air, OJ L 321/26, 6 December 2003.

 

UNHCR Documents

UNHCR EXCOM, Conclusion on the Return of Persons Found Not to Be in Need of International Protection, Conclusion No. 96 (LIV), 2003.

 

Readings

Core

R. Cholewinski, ‘European Union Policy on Irregular Migration: Human Rights Lost?’, in B. Bogusz, R. Cholewinski, A. Cygan and E. Szyszczak, Irregular Migration and Human Rights: Theoretical, European and International Perspectives (Leiden: Martinus Nijhoff, 2004), Part III, 9.

C. Rodier, ‘Analysis of the external dimension of the EU’s asylum and immigration policies’, Summary and Recommendations for the European Parliament, DGExPo/B/PolDep/ETUDE/2006_11, PE 374.366, 8 June 2006.

 

 

Extended
Consortium of 13 NGOs, including Cimade (France), Amnesty International EU, Churches’ Commission for Migrants in Europe, Caritas Europa, Human Rights Watch and others: ‘Common Principles on Removal of Irregular Migrants and Rejected Asylum Seekers’, August 2005.

ECRE ‘Comments from the European Council on Refugees and Exiles on the Commission Green Paper on a Community Return Policy on Illegal Residents (Brussels, 10. 04. 2002, COM(2002)175 final)’, 2 August 2002.



EU Documents

Commission Proposal for a Directive of the European Parliemant and of the Council on common standards and procedures in Member States for returning illegally staying third-country nationals

Commission Proposal for a Directive of the European Parliemant and of the Council on common standards and procedures in Member States for returning illegally staying third-country nationals, COM (2005) 391, 1 September 2005.

Green Paper on a Community Return Policy on Illegal Residents

'Green Paper on a Community Return Policy on Illegal Residents', COM(2002)175, 10 April 2002.

Commission Communication on a Community Return Policy on Illegal Residents

'Commission communication on a Community return policy on illegal residents', COM(2002)175, 10 April 2002.

Study on the links between legal and illegal migration

'Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions 'Study on the links between legal and illegal migration'', COM (2004) 412, 4 June 2004.

Communication on the development of a common policy on illegal immigration, smuggling and trafficking of human beings external borders and the return of illegal residents

'Communication from the Commission to the Council, the European Parliament, in view of the European Counicl of Thessaloniki on the development of a common policy on illegal immigration, smuggling and trafficking of human beings external borders and the return of illegal residents', COM(2003) 323, 3 June 2000.

Council Directive (EC) 2003/110 on assistance in cases of transit for the purposes of removal by air

Council Directive (EC) 2003/110 on assistance in cases of transit for the purposes of removal by air OJ L 321/26 (6 December 2003).

UNHCR Documents

Conclusion on the Return of Persons Found Not to Be in Need of International Protection

UNHCR EXCOM, ‘Conclusion on the Return of Persons Found Not to Be in Need of International Protection’, Conclusion No. 96 (LIV), 2003.

Readings

Core

European Union Policy on Irregular Migration: Human Rights Lost?

R. Cholewinski, 'European Union Policy on Irregular Migration: Human Rights Lost?' in B. Bogusz, R. Cholewinski, A. Cygan and E. Szyszczak Irregular Migration and Human Rights: Theoretical, European and International Perspectives (Leiden: Martinus Nihjoff,  2004), part III, 9.

Analysis of the external dimension of the EU’s asylum and immigration

C. Rodier, ‘Analysis of the external dimension of the EU’s asylum and immigration policies’, Summary and Recommendations for the European Parliament, DGExPo/B/PolDep/ETUDE/2006_11, PE 374.366, 8 June 2006.

 

Extended

Common Principles on Rremoval of Irregular Migrants and Rejected Asylum Seekers

Consortium of 13 NGOs, including Cimade (France), Amnesty International EU, Churches’ Commission for Migrants in Europe, Caritas Europa, Human Rights Watch and others: ‘Common Principles on Rremoval of Irregular Migrants and Rejected Asylum Seekers’, August 2005.

Comments from the European Council on Refugees and Exiles on the Commission Green Paper on a Community Return Policy on Illegal Residents (Brussels, 10. 04. 2002, COM(2002)175 final)

ECRE ‘Comments from the European Council on Refugees and Exiles on the Commission Green Paper on a Community Return Policy on Illegal Residents (Brussels, 10. 04. 2002, COM(2002)175 final)’, 2 August 2002.