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Title: Return Migration
Table of Contents
Disclaimer and Explanatory Note
Executive Summary
1. Introduction
2. Methodology, Definitions and Characteristics of Returnees
2.1 Methodology
2.2 Clarification of Concepts and Definitions
2.3 General Characteristics of Returnees
Table 1: Indicative overview of Voluntary and Forced Return Actions
3. The Political and Legal Framework
3.1 Influence of European Legislation
4. Return Actions
4.1 Overview
4.2 Voluntary Return
4.2.1 Information Campaigns
4.2.2 Incentives to Voluntary Return
4.3 Forced Return
4.3.1 Identification
4.3.2 Procedures of Forced Return: ending of illegal stay and removal order
4.3.3 Detention
4.3.4 Transport and Removal Measures
4.3.5 Sustainability of Forced Return
5. Return Assistance – Return Counselling
6. Bi-lateral and Multi-lateral Co-operation
Table 2: Type and status of Member States bi-lateral agreements with third countries
7. Concluding Remarks
Author (Corp. Body): European Migration Network
Publisher: Europäische Kommission / Generaldirektion Justiz und Inneres
Year: 2007
Language: en
Ressource: Einzelne Berichte, Studien
Keyword: European Lawmigrationremigration
Subject: European Community treaties and agreementsAspects of migration
Countries Scheme: Europe. General Resources
Online Ressource: vorübergehend nicht erreichbar!
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Title: Comparative Study on Practices in the Field of Return of Minors : Final report (including results of the November 2011
Final Conference) ; HOME/2009/RFXX/PR/1002
Table of Contents
ACKNOWLEDGMENTS
SECTION 1. EXECUTIVE SUMMARY
SECTION 2. INTRODUCTION
2.1 PROJECT DESCRIPTION
2.2 THE RETURN DIRECTIVE AND HOW IT AFFECTS CHILDREN
2.3 OTHER RELEVANT INSTRUMENTS AND POLICIES THAT CONSIDER CHILDREN IN THE PROCESS OF RETURN
2.4 METHODOLOGY
2.5 PARAMETERS OF THE RESEARCH AND STUDY OUTPUT AND POTENTIAL FUTURE STEPS
SECTION 3. STATISTICS
SECTION 4. DETAILED OVERVIEW OF THE CURRENT LEGISLATION AND ADMINISTRATIVE PRACTICE IN EACH MEMBER STATE CONCERNING THE RIGHTS AND THE TREATMENT OF CHILDREN IN THE RETURN PROCESS
4.1 CONTEXT AND GENERAL OVERVIEW
4.2 DETAILED FINDINGS
4.3 JURISPRUDENCE
SECTION 5. A GENERAL OVERVIEW OF THE ADMINISTRATIVE PRACTICE IN THE SELECTED COUNTRIES OF RETURN CONCERNING THE RECEPTION OF CHILDREN
5.1 AFGHANISTAN
5.2 ANGOLA
5.3 KOSOVO
5.4 MOROCCO
5.5 NIGERIA
5.6 SRI LANKA
5.7 UKRAINE
SECTION 6. CRITERIA FOR IDENTIFYING GOOD AND NOTEWORTHY PRACTICES
SECTION 7. AN INVENTORY OF NOTEWORTHY PRACTICES CONCERNING THE RETURN OF CHILDREN BOTH IN MEMBER STATES AND COUNTRIES OF RETURN
7.1 DESIGNING THE RETURN PROCEDURE: GENERAL CHILD RIGHTS AND CHILD PROTECTION
7.2 ASSISTANCE TO UNACCOMPANIED AND SEPARATED CHILDREN PRIOR TO A RETURN DECISION
7.3 DECISION MAKING PROCEDURES
7.4 POST DECISION AND PRE-RETURN PHASE
7.5 DETENTION
7.6 THE RETURN PROCESS
7.7 ARRIVAL IN COUNTRY OF RETURN AND POST RETURN REINTEGRATION ACTIVITIES AND MONITORING
SECTION 8. A CHECKLIST FOR SUPPORTING MEMBER STATES WHEN CONSIDERING THE RETURN OF CHILDREN TO THIRD COUNTRIES
A. INTRODUCTION TO THE CHECKLIST
B. THE CHECKLIST
SECTION 9. CONCLUSIONS
ANNEX 1: REGIONAL STAKEHOLDERS INTERVIEWED
ANNEX 2: NATIONAL STAKEHOLDERS INTERVIEWED
ANNEX 3: CLOSING CONFERENCE REPORT
ANNEX 4: MEMBER STATESCOUNTRY FICHES
ANNEX 5. BIBLIOGRAPHY
Author: Smith, Terry | David, Helene | O'Donnell, Rebecca
Contributer: European Council on Refugees and Exiles | Save the Children
Publisher: Europäische Kommission / Generaldirektion Inneres
Year: 2011
ISBN / ISSN / Kat.Nr: HOME/2009/RFXX/PR/1002
Language: en
Ressource: Einzelne Berichte, Studien
Keyword: best practicethird countriesEUchildremigration
Subject: European Community law in generalHuman rightsMigration
Countries Scheme: Global ResourcesEurope. General Resources
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Title: The effectiveness of return in EU Member States 2017 : Synthesis Report for the EMN Focussed Study
Abstract
The return of illegally-staying third-country nationals is one of the main pillars of the EU’s policy on migration and asylum. However, recent Eurostat data show that return rates at EU level have not improved despite the important increase in the number of rejected asylum applications and in the number of return decisions issued since 2014. In its 2015 EU Action Plan on Return and subsequently in its 2017 Communication on a more effective return policy and the accompanying Recommendation, the Commission emphasised the need for a stronger enforcement of EU rules on return in order to increase the overall effectiveness of the EU’s return policy. The EMN conducted this study with the purpose of investigating good practices and challenges in Member States’ application of EU rules on return and equivalent standards.[Author vide copyright]
Table of Contents
EXECUTIVE SUMMARY
KEY POINTS TO NOTE
MAIN FINDINGS
1 INTRODUCTION
1.1 Study rationale
1.2 Study context
1.3 Study aims
1.4 Scope of the study
1.5 Structure of the report
2 CONTEXTUAL OVERVIEW OF THE NATIONAL SITUATION CONCERNING THE RETURN OF THIRD-COUNTRY NATIONALS
2.1 National measures implementing the Return Directive or equivalent standards
2.2 Return of irregularly staying third-country nationals as a priority in Member States
3 SYSTEMATIC ISSUANCE OF RETURN DECISIONS
3.1 Authorities involved in the issuance of a return decision
3.2 Issuance of return decisions
3.3 Timing, validity and scope of return decisions
3.4 Guarantees concerning the issuance of the return decision
4 RISK OF ABSCONDING
4.1 Objective circumstances constituting a rebuttable presumption of the existence of a risk of absconding
4.2 Measures aiming to avoid the risk of absconding
4.3 Challenges in determining the existence of a risk of absconding
5 EFFECTIVE ENFORCEMENT OF RETURN DECISIONS
5.1 Sanctions in case of non-compliance with the return decision
5.2 Mutual recognition of return decisions
5.3 Travel documents
5.4 Use of detention in the return procedure
5.5 Use of alternatives to detention in the return procedure
5.6 Challenges and good practices related to detention and alternatives to detention
| 6 PROCEDURAL SAFEGUARDS AND REMEDIES
6.1 Assessment of the non-refoulement principle in the context of return
6.2 Remedies against return decisions
6.3 Suspensive effect of appeals
6.4 Hearing of the third-country national
6.5 Good practices
7 FAMILY LIFE, CHILDREN, AND STATE OF HEALTH
7.1 Categories of third-country nationals’ vulnerabilities in the context of Return and detention
7.2 Assessment of the Best Interests of the Child on Return Decisions
7.3 State of health of third-country nationals in the return procedure
7.4 Challenges and good practices
8 VOLUNTARY DEPARTURE
8.1 Period for voluntary departure
8.2 Challenges related to voluntary departure
8.3 Good practices related to voluntary departure
9 ENTRY BANS
9.1 Grounds for issuing an entry ban
9.2 Duration of an entry ban
9.3 Registration of entry bans in SIS II
9.4 Issuance of entry bans when illegal stay is detected on exit
9.5 Penalising breach of entry bans
9.6 Effectiveness of entry bans
10 CONCLUSIONS
Author (Corp. Body): European Migration Network
Contributer: Europäische Kommission
Year: 2018
ISBN / ISSN / Kat.Nr: Migrapol EMN Doc 407
Language: en
Ressource: Einzelne Berichte, Studien
Keyword: policy on asylumright of asylumbest practicethird countriesEUfamily reunionhuman rightsmigration
legal usageremigration
Subject: European Community law in generalHuman rightsMigration
Countries Scheme: Europe. General Resources
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Title: Approaches to Unaccompanied Minors Following Status Determination in the EU plus Norway : Synthesis Report for the EMN
Study
Abstract
This Synthesis Report presents the main findings of the 2017 EMN Study Approaches to Unaccompanied Minors Following Status Determination in the EU plus Norway. The study covers the period 2014-2017, thereby following up on previous EMN research on unaccompanied minors. It may serve to inform further the approaches of EU Member States plus Norway to the protection of unaccompanied minors following status determination and to inform action on this at EU level.[Author vide copyright]
Table of Contents
EXECUTIVE SUMMARY
1. INTRODUCTION
1.1. Definition and scope of the study
1.2. EU policy and legislative context
1.3. Scale of the phenomenon of unaccompanied minors in the EU plus norway
1.4. Recent changes to law, policy and/ or practice in (Member) States
51.5. Statuses typically granted to unaccompanied minors by (Member) States
1.6. Unaccompanied minors turning 18
1.7. Structure of the report
2. CARE ARRANGEMENTS FOR UNACCOMPANIED MINORS, INCLUDING AFTER-CARE FOR UNACCOMPANIED MINORS TURNING 18
2.1. EU provisions on care of unaccompanied minors
2.2. General overview of care arrangements and organisational set-up in the (Member) States
2.3. Accommodation arrangements for unaccompanied minors
2.4. Standard of accommodation and challenges
2.5. Guardianship arrangements for unaccompanied minors
2.6. Transition to adulthood
2.7. Consequences of a temporary residence permit on the care arrangements for unaccompanied minors
3. INTEGRATION OF UNACCOMPANIED MINORS, INCLUDING TRANSITIONAL ARRANGEMENTS FOR UNACCOMPANIED MINORS TURNING 18
3.1. General overview of integration provisions and organisational set-up in the (Member) States
3.2. Access to healthcare
3.3. Access to education
3.4. Access to (support to) employment
3.5. Family reunification
3.6. Social welfare supporting unaccompanied minors
3.7. Further monitoring of unaccompanied minors’ transition to adulthood
3.8. Consequences of a temporary residence permit on the integration of unaccompanied minors
| 4. RETURN OF UNACCOMPANIED MINORS
4.1. General overview of the return procedure and its legal and organisational set-up in the (Member) States
4.2. Enforcement of return decisions and key arrangements before, during and after departure
4.3. Alternatives to return of unaccompanied minors
4.4. Challenges
5. DISAPPEARANCES OF UNACCOMPANIED MINORS FROM CARE FACILITIES OR FOLLOWING A RETURN DECISION
5.1. Profile of unaccompanied minors disappearing in the EU Member States plus Norway
5.2. Possible reasons for the disapperance of unaccompanied minors
5.3. Measures to prevent and react to disappearance of unaccompanied minors
5.4. Measures to report and respond to disappearances of unaccompanied minors
5.5. Challenges and good practices
6. CONCLUSIONS
ANNEX 1. OVERVIEW OF THE INTERNATIONAL AND EU LEGISLATIVE FRAMEWORK ON UNACCOMPANIED MINORS
Introduction
International and EU legislation on unaccompanied minors
International instruments
EU legislation
Author (Corp. Body): European Migration Network
Contributer: Europäische Kommission
Year: 2018
Language: en
Ressource: Einzelne Berichte, Studien
Keyword: policy on asylumcareeducationEUhealth careintegrationadolescentlegal minority
legal usageremigration
Subject: European Community law in generalHuman rightsMigration
Countries Scheme: Europe. General Resources
Online Ressource: vorübergehend nicht erreichbar!
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Title: 2016 Annual Report on Migration and Asylum : European Migration Network
Title (other): Annual Report 2016 on Migration and Asylum ; Statistical Annex ; European Migration Network ; A Synthesis of Annual
Policy Reports 2016 submitted by EU Member States and Norway
Table of Contents
Executive summary
1 INTERNATIONAL PROTECTION INCLUDING ASYLUM
1.1 The implementation of the Common European Asylum System
1.1.1 Developments at the European Union (EU) Level
1.1.2 Changes in legislation, policies and practices at national level
1.1.3 Institutional changes in the national asylum system
1.1.4 Jurisprudence
1.1.5 Efficiency and quality of the national asylum system
1.2 Cooperation with the European Asylum Support Office (EASO)
1.2.1 Participation in EASO activities
1.2.2 Provision of support by EASO to the Member States
1.3 Intra -EU solidarity including relocation
1.4 Enhancing the external dimension including resettlement
2 UNACCOMPANIED MINORS AND OTHER VULNERABLE GROUPS
2.1 Developments at the European Union (EU) Level
2.2 Unaccompanied minors measures at national level
2.3 Other vulnerable groups
3 LEGAL MIGRATION AND MOBILITY
3.1 Developments at the European Union (EU) Level
3.2 Economic migration measures at national level
3.2.1 Facilitating admission
3.2.2 Satisfying labour market needs
3.2.3 Efforts to avoid social dumping and labour exploitation of Third-country nationals
3.2.4 Misuse of legal immigration channels for Third-country national workers
3.3 Other Legal Migration and Mobility measures
3.3.1 Students and researchers
3.3.2 Family reunification and family formation
3.3.3 Information on routes to and conditions of legal migration
3.3.4 Guaranteeing certain rights for third-country nationals who are already legally resident on the territory
3.3.5 Visa policy and Schengen governance
4 INTEGRATION
4.1 Developments at the European Union (EU) Level
4.1.1 Promoting integration through socio economic participation at national level
| 4.1.2 Promoting integration through civic participation: Rights and Obligations, achieving equal treatment and belonging
4.1.3Promoting integration of specific groups
4.1.4 Non-Discrimination
4.1.5 Promoting integration at local level and cooperation, consultation and coordination of local stakeholders
4.1.6 Awareness raising on migration in the host society
4.1.7 Involvement of countries of origin
5 MAXIMISING THE DEVELOPMENT IMPACT OF MIGRATION AND MOBILITY
5.1.1 Progress towards mainstreaming of migration in development policies
5.1.2 Cooperation with partner / third countries for economic migration
5.1.3 Efforts to mitigate ‘brain drain’
5.1.4 Working with diasporas
6 SECURING EUROPE’S EXTERNAL BORDERS
6.1 Enhanced border management at the external borders
6.1.1 Border control measures: technology, equipment and infrastructure, including systems linked to EU instruments and actions to coordinate different types of border checks
6.1.2 Border control measures: other activities to improve the effectiveness of controls at external borders (e.g. training and policy)
6.1.3 Preventing and combating irregular immigration by ensuring reinforced cooperation with third countries in the area of border management
6.1.4 Preventing and tackling of misuse of legal migration channels
7 IRREGULAR MIGRATION AND RETURN
7.1 Developments at the European Union (EU) Level
7.2 EMN RETURN EXPERT GROUP (REG) RETURN AND REINTEGRATION ACTIVITIES DEVELOPED DURING 2016 PLUS OTHER COOPERATION MEASURES
7.3 Prevention of unsafe migration and the fight against facilitation of irregular migration (‘smuggling’) at national level
7.3.1 Prevention of unsafe migration
7.3.2 Combatting facilitation of irregular migration
7.3.3 Monitoring of migrant smuggling
7.3.4 Monitoring and identifying migration routes
7.4 Main developments in the field of return and re-integration
| 7.5 Strengthening cooperation with third countries of origin and transit on return migration management
7.5.1 Ensuring implementation of all EU readmission agreements to their full effect
7.5.2 Prevention of irregular migration from third countries: (a) the Southern Mediterranean countries; (b) countries within the Eastern Partnership; (c) the Western Balkans; and (d) the Western Mediterranean and the African Atlantic coast
7.6 Enhancing return migration management including cooperation among EU Member States on return practices
7.6.1 Frontex joint return operations
7.6.2 New or planned measures to develop swift, sustainable and effective return using a common EU approach
8 ACTIONS ADDRESSING TRAFFICKING IN HUMAN BEINGS
8.1 Developments at the European Union (EU) Level
8.2 Improving the identification of and provision of information to victims at national level
8.2.1 Information on assistance and support to victims, including child victims
8.2. 2 Evident trends at national level
8.2.3 Cooperation with third countries
Annex
1 Common European Asylum System
2 Unaccompanied Minors And Other Vulnerable Groups
3 European Policy On Legal Migration And Integration
4 Securing Europe’s External Borders
5 Irregular Migration And Return
6 Actions Addresing Trafficking In Human Beings
Author (Corp. Body): European Migration Network
Contributer: Europäische Kommission / Generaldirektion Migration und Inneres
Year: 2017
Language: en
Ressource: Einzelne Berichte, Studien
Keyword: policy on asylumEUborder protectionintegrationadolescentslave trademigrationmigration policy
remigration
Subject: FrontiersEuropean Community law in generalHuman rightsAspects of migration
Countries Scheme: Europe. General Resources
Online Ressource: vorübergehend nicht erreichbar!
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Title: Challenges and practices for establishing the identity of third-country nationals in migration procedures : EMN
Synthesis Report for the EMN Focussed Study 2017
Abstract
The following synthesis report presents an overview of the important challenges faced by national authorities in EU Member States and Norway in their efforts to establish and verify the identity of third-country nationals within the context of various migration procedures and of national practices to address those challenges. Moreover, the study provides an insight into the use of information management systems at national and European level to support identification and verification processes. This study updates and supplements the 2013 EMN Study “Establishing Identity for International Protection: Challenges and Practices”.[Author vide copyright]
Table of Contents
Executive summary
Introduction
Rationale and context of the Study
Study aims
Scope of the study
EU legal and policy context
Structure of the report
1 The National Framework
1.1 Challenges in relation to identity management in the migration process
1.2 Relevant national legislation
1.3 Institutional Framework
2 Methods for Establishing Identity
2.1 Definition and Documents required for establishing identity
2.2 Methods used in the absence of documentary evidence of identity
3 Decision-making process
3.1 Status and weight of different methods and documents to determine identity4 Data sharing and data collection
4.1 Data-sharing mechanisms
4.2 Types of data collected
4.3 Recent changes in data processing
4.4 Recent and planned pilot Projects
5 Debate and evaluation
6 Conclusions
Annex 1 Overview of national authorities/institutions involved in identity establishment
Annex 2 Identity establishment procedures
Annex 3 Documents accepted by (Member) States
Annex 4 Statistical information on international protection and return procedures (2012-2016)
Annex 5 Statistical information on other migration-related procedures (2012-2016)
Annex 6: Statistical information on methods used to establish identity (2012-2016)
Author (Corp. Body): European Migration Network
Contributer: Europäische Kommission / Generaldirektion Migration und Inneres
Year: 2017
Language: en
Ressource: Einzelne Berichte, Studien
Keyword: data processingthird countriesEUidentityinformation systemmigration policylegal usageremigration
administrative procedure
Subject: European Community law in generalAdministrative proceduresMigrationVarious information networks and systems
Countries Scheme: Europe. General Resources
Online Ressource: vorübergehend nicht erreichbar!
Bitte beachten Sie die urheberrechtlichen Bedingungen der Dokumentenbenutzung / Please observe the copyright when accessing the document | Quelle / Source: Europäische Kommission (http://ec.europa.eu/)
Title: EMN Annual Report on Immigration and Asylum 2015 : A Synthesis of Annual Policy Reports 2015 submitted by EU Member
States and Norway ; Synthesis Report
Title (other): EMN Annual Report on Immigration and Asylum 2015 : A Synthesis of Annual Policy Reports 2015 submitted by EU Member
States and Norway ; Statistics Annex
Abstract
The EMN Annual Report on Immigration and Asylum 2015 is based on information collected from all Member States and Norway in late 2015 and early 2016. It provides an overview of the main legal and policy developments taking place at EU level and within participating countries. It is a comprehensive document and covers all aspects of migration and asylum policy. Relevant statistics for the year are also available in the accompanying Annex.[Author vide copyright]
Table of Contents
3.3.3 Promoting the integration of specific groups
3.3.4 Measures to ensure non-discrimination of migrants
3.3.5 Measures to improve cooperation, consultation and coordination of stakeholders and promoting action for integration at local level
3.3.6 Involving countries of origin in integration
3.4 Promoting and providing information and awareness raising on legal migration
3.4.1 Routes to and conditions of legal migration
3.4.2 Prevention of unsafe migration
3.4.3 Awareness raising on the phenomenon of migration in host societies
3.5 Maximising the development impact of migration and mobility
3.5.1 Progress towards mainstreaming of migration in development policies
3.5.2 Cooperation with partner / third countries for economic migration
3.5.3 Efforts to mitigate ‘brain drain’
3.5.4 Migrants’ Remittances
3.5.5 Working with Diasporas
4 SECURING EUROPE’S EXTERNAL BORDERS
4.1 Enhanced border management at the external borders
4.1.1 Border control measures: technology, equipment and infrastructure, including systems linked to EU instruments and actions to coordinate different types of border checks
4.1.2 Border control measures: other activities to improve the effectiveness of controls at external borders (e.g. training and policy)
4.1.3 Better tackling the misuse of legal immigration channels
| 5 IRREGULAR MIGRATION AND RETURN
5.1.1 EMN Return Expert Group (REG) return and reintegration activities developed during 2015 plus other cooperation measures
5.2 The fight against facilitation of irregular migration (‘smuggling’)
5.2.1 Activities to monitor smuggling
5.2.2 Monitoring and identifying migration
5.3 Strengthening cooperation with third countries of transit and origin on migration management
5.3.1 Ensure implementation of all EU readmission agreements to their full effect
5.4 Enhancing migration management including cooperation on return practices
5.4.1 Frontex Joint Return Operations
5.4.2 New or planned measures to develop swift, sustainable and effective return using a common EU approach
6 ACTIONS ADDRESSING TRAFFICKING IN HUMAN BEINGS
6.1 Improving the identification of and provision of information to victims
6.1.1 Training and awareness-raising measures
6.1.2 Measures on cooperation between national authorities
6.1.3 Measures on cooperation between Member States
6.1.4 Measures on cooperation with third countries
6.1.5 Trends in the scale and nature of trafficking in human beings
6.1.6 Activities to evaluate national identification of and assistance to victims
| 1 COMMON EUROPEAN ASYLUM SYSTEM
1.1 The implementation of the Common European Asylum System
1.1.1 Developments at EUROPEAN UNION (eu) level
1.1.2 Challenges in the asylum field at national level
1.3 Institutional and organisational changes
1.4 Impacts of Jurisprudence
1.5 Cooperation with the European Asylum Support Office
1.5.1 Participation in EASO activities
1.5.2 Provision of support by EASO to the Member States
1.6 Intra-EU solidarity including relocation
1.7 Enhancing the external dimension including resettlement
1.7.1 Enhancing the capacity of countries of origin and transit to manage mixed migration flows
2 UNACCOMPANIED MINORS AND OTHER VULNERABLE GROUPS
2.1.1 Entry, Identification, assessment procedures, accomodation and reception capacity of unaccompanied minors
2.1.2 Inter-institutional cooperation, Staff training and capacity building in working with unaccompanied minors
2.1.3 Return and reintegration of unaccompanied minors
2.1.4 Detention and alternatives to detention of unaccompanied minors
2.1.5 Measures taking account of vulnerability and best interest of the child
2.1.6 Measures addressing specific vulnerable groups
3 EUROPEAN POLICY ON LEGAL MIGRATION AND INTEGRATION
3.1 Economic migration
3.1.1 Satisfying labour market needs
3.1.2 Efforts to avoid ‘social dumping’ and illegal employment
3.1.3 Facilitating admission
3.1.4 Guaranteeing certain rights for third-country nationals who are already legally resident on the territory
3.1.5 Family Reunification
3.2 Managing Migration and Mobility
3.2.1 Visa Policy
3.2.2 Schengen Governance
3.2.3 Adapting migration management systems in order to be prepared for fluctuating migration pressures
3.3 Integration
3.3.1 Promoting integration through socio-economic participation
3.3.2 Promoting integration through participation, including access to rights and obligations, achieving equal treatment and belonging
| Statistical Annex
1.1 Common European asylumsystem
1.2 Unaccompanied minors and other vulnerablegroups
1.3 European policy on legal migration andintegration
1.4 Securing Europe’s externalborders
1.5 Irregular migration andreturn
1.6 Actions addressing trafficking in humanbeings
Author (Corp. Body): European Migration Network
Contributer: Europäische Kommission / Generaldirektion Migration und Inneres
Year: 2016
Language: en
Ressource: Einzelne Berichte, Studien
Keyword: policy on asylumright of asylumthird countriesEUborder protectionintegrationadolescentslave trade
migrationremigration
Subject: European Community law in generalHuman rightsMigration
Countries Scheme: Europe. General Resources
Online Ressource: vorübergehend nicht erreichbar!
Bitte beachten Sie die urheberrechtlichen Bedingungen der Dokumentenbenutzung / Please observe the copyright when accessing the document | Quelle / Source: Europäische Kommission (http://ec.europa.eu/)
Title: The Return of Rejected Asylum Seekers : Challenges and Good Practices ; EMN Synthesis Report for the EMN Focussed Study
2016
Abstract
Given the recent increase in asylum applications in the EU and considering the general gap between third-country nationals issued a return decision and those that have returned, the EMN conducted this study with the purpose of investigating the specific challenges of the return of rejected asylum seekers and Member State responses to these challenges.[Author vide copyright]
Table of Contents
Annex 3 Use Of Accelerated Procedures In The Member States
Annex 4 List Of Abbreviations
| Executive Summary
Key Points To Note
Main Findings
1 Introduction
1.1 Study Rationale
1.2 Study Context
1.3Study Aims
1.4 Scope Of The Study
1.5 Structure Of The Report
2 The Scale Of Rejected Asylum Seekers In The EU And The Scale Of Non-Return
3 National Policies And Measures To Encourage Rejected Asylum Seekers To Leave The EU Territory
3.1 National Prioritisation Of The Return Of Rejected Asylum Seekers
3.2 Policies And Strategies To Encourage Return And Deter (Irregular) Stay Once A Return Decision Is Issued
3.3 Rights/Benefits Granted To Rejected Asylum Seekers
3.3.1 Accommodation
.3.2 Other Rights
3.4 Measures Taken To Facilitate Return By Preventing Absconding
3.5 Policy On The Early Preparation Of Asylum Seekers For Potential Return
4 National Legislation Framing The Return Of Rejected Asylum Seekers
4.1 Nexus Between Asylum And Return Decisions
4.2 Possibilities For Appealing The Return Decision
4.3 Possibilities For Lodging Subsequent Asylum Applications
4.4 Member State Measures To Ensure That Unfounded Applications Lead To Swift Return (Accelerated Procedures)
5 Challenges To The Return Of Rejected Asylum Seekers And Member State Policies To Manage These
5.1 General Overview Of Challenges
5.2 Challenges Specific To The Return Of Rejected Asylum Seekers
5.3 Measures Taken To Address Challenges
5.4 Measures To Address Individual Resistance To Return
5.5 Measures To Promote The Cooperation Of Third Countries
5.6 Measures To Enhance The Re-Documentation Process
5.7 Measures To Address Organisational/ Administrative Challenges
5.8 Measures To Facilitate The Return In Medical Cases
6 When Return Is Not (Immediately) Possible
6.1 Provision Of Status
6.2 Access To Rights And Benefits
6.3 Procedures For Reassessing The Possibility Of Return
6.4 The Possibility Of Regularisation
7 Conclusions
Annex 1 Rejected Asylum Seekers’ Access To Rights And Services
Annex 2 Statistical Tables
Author (Corp. Body): European Migration Network
Contributer: Europäische Kommission / Generaldirektion Migration und Inneres
Year: 2016
ISBN / ISSN / Kat.Nr: Migrapol EMN Doc 000
Language: en
Ressource: Einzelne Berichte, Studien
Keyword: right of asylumasylum procedurebest practicethird countriesEUlegal usageremigration
Subject: European Community law in generalHuman rightsPublic administration. Executive power
Countries Scheme: Europe. General Resources
Online Ressource: vorübergehend nicht erreichbar!
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Title: EMN Annual Report on Immigration and Asylum 2014: A Synthesis of Annual Policy Reports 2014 submitted by EU Member
States and Norway ; Synthesis Report
Title (other): EMN Annual Report on Immigration and Asylum 2014 : A Synthesis of Annual Policy Reports 2014 submitted by EU Member
States and Norway ; Statistics Annex
Abstract
The EMN Annual Report on Immigration and Asylum 2014 is based on information collected from all Member States and Norway in late 2014 and early 2015. It provides an overview of the main legal and policy development taking place at EU level and within participating countries. It is a comprehensive document and covers all aspects of migration and asylum policy. Relevant statistics for the year are also available in the accompanying Annex.[Author vide copyright]
Table of Contents
1 COMMON EUROPEAN ASYLUM SYSTEM
1.1 The implementation of the Common European Asylum System
1.1.1 Developments at EU level
1.2 Progress made in implementing the Common European Asylum System: Member States’ developments in legislation, policy and practices
1.3 Institutional and organisational changes
1.4 Impacts of Jurisprudence
1.5 Cooperation with the European Asylum Support Office (EASO)
1.5.1 Participation in EASO activities
1.5.2 Provision of support by EASO to the Member States
1.6 Intra-EU solidarity including resettlement
1.6.1 Support to national asylum systems including resettlement
1.6.2 Enhancing the capacity of countries of origin and transit to manage mixed migration flows
2 UNACCOMPANIED MINORSAND OTHER VULNERABLEGROUPS
2.1.1 Entry and assessment procedures, including border controls for asylum-seeking and non-asylum seeking unaccompanied minors
2.1.2 Residence permits and reception arrangements for unaccompanied minors
2.1.3 Staff training and capacity building in working with unaccompanied minors
2.1.4 Return and reintegration of unaccompanied minors
2.1.5 Detention and alternatives to detention of unaccompanied minors
2.1.6 Measures taking account of vulnerability in the asylum procedure
2.1.7 Measures addressing specific vulnerable groups
3 EUROPEAN POLICY ON LEGAL MIGRATION AND INTEGRATION
3.1 Economic migration
3.1.1 Satisfying labour market needs
3.1.2 Efforts to avoid ‘social dumping’
3.1.3 Facilitating admission
3.1.4 Guaranteeing certain rights for third-country nationals who are already legally resident on the territory
3.1.5 Family Reunification
3.2 Managing Migration and Mobility
3.2.1 Visa Policy
3.2.2 Schengen Governance
3.2.3 Adapting migration management systems in order to be prepared for fluctuating migration pressures
3.3 Integration
3.3.1 Promoting integration through socio-economic participation
| 5.3 Strengthening cooperation with third countries of transit and origin on migration management
5.3.1 Ensure implementation of all EU readmission agreements to their full effect
5.4 Enhancing migration management including cooperation on return practices
5.4.1 Frontex Joint Return Operations (JTOs)
5.4.2 New or planned measures to develop swift, sustainable and effective return using a common EU approach
6 ACTIONS ADDRESSING TRAFFICKING IN HUMAN BEINGS
6.1 Improving the identification of and provision of information to victims
6.1.1 Training and awareness-raising measures
6.1.2 Measures on cooperation between national authorities
6.1.3 Measures on cooperation between Member States
6.1.4 Measures on cooperation with third countries
6.1.5 Trends in Member States’ approaches to addressing trafficking in human beings
6.1.6 Trends in the scale and nature of trafficking in human beings
6.1.7 Activities to evaluate national identification of and assistance to victims
| 3.3.2 Promoting integration through participation, including access to rights and obligations, achieving equal treatment and belonging
3.3.3 Promoting integration of specific groups
3.3.4 Measures to ensure non-discrimination of migrants
3.3.5 Measures to improve cooperation, consultation and coordination of stakeholders and promoting action for integration at local level
3.3.6 Involving countries of origin in integration
3.4 Promoting and providing information and awareness raising on legal migration
3.4.1 Routes to and conditions of legal migration
3.4.2 Prevention of unsafe migration
3.4.3 Awareness raising on the phenomenon of migration in the host societies
3.4.4 Awareness raising on the phenomenon of migration in countries of destination
3.5 Maximising development impact of migration and mobility
3.5.1 Progress towards mainstreaming of migration in development policies
3.5.2 Cooperation with partner / third countries for economic migration
3.5.3 Efforts to mitigate ‘brain drain’
3.5.4 Migrants’ Remittances
3.5.5 Working with Diasporas
4 SECURING EUROPE’S EXTERNAL BORDERS
4.1 Enhanced border management at the external borders
4.1.1 Border control measures: technology, equipment and infrastructure, including systems linked to EU instruments and actions to coordinate different types of border checks
4.1.2 Border control measures: other activities to improve the effectiveness of controls at external borders (e.g. training and policy)
4.1.3 Preventing and combating irregular immigration by ensuring reinforced cooperation with third countries in the area of border management
5 IRREGULAR MIGRATION AND RETURN
5.1.1 EMN Return Expert Group (REG) return and reintegration activities developed during 2014 plus other cooperation measures
5.2 THE FIGHT AGAINSTFACILITATION OF IRREGULAR MIGRATION (‘SMUGGLING’)
5.2.1 Activities to monitor smuggling
5.2.2 Monitoring and identifying migration routes
Author (Corp. Body): European Migration Network
Contributer: Europäische Kommission / Generaldirektion Inneres
Year: 2015
Language: en
Ressource: Einzelne Berichte, Studien
Keyword: policy on asylumright of asylumthird countriesEUborder protectionintegrationadolescentslave trade
migrationremigration
Subject: European Community law in generalHuman rightsMigration
Countries Scheme: Europe. General Resources
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Title: Policies, practices and data on unaccompanied minors in the EUMember States and Norway : Synthesis Report for the EMN
Focussed Study 2014
Title (other): Policies, practices and data on unaccompanied minors in the EU Member States and Norway : Annexes to the Synthesis
Report ; Synthesis Report for the EMN Focussed Study 2014
Abstract
This EMN Study is an update of a previous EMN Study on Policies on reception, return and integration arrangements for, and numbers of, unaccompanied minors carried out in 2008-2009.The Study identifies a number of gaps and challenges that still need to be addressed to ensure all UAMs benefit from the same level of protection...The Study highlights a number of good practices which have been adopted by some (Member) States since 2009,...[Author vide copyright]
Table of Contents
1 Introduction
1.1 Definition and scope of the study
1.2 Scale of the issue
2 Motivations and circumstances of unaccompanied minors for entering the EU
2.1 Motivations
2.2 Circumstances of entry
2.3 Projects implemented by (Member) States in third countries
3 Entry and assessment procedures, including border controls for asylum-seeking and non-asylum seeking unaccompanied minors
3.1 Entry conditions and refusal at the border
3.2 Procedures at the border and interception onthe territory
3.3 Age assessment
3.4 Appointment of a guardian/ representative
3.5 Special safeguards for asylum seeking UAMs: the organisation of national asylum procedures
3.5.1 Special safeguards during the different phases of the asylum procedure
3.6 Residence permits granted to unaccompanied minors
3.6.1 Residence permits to TCNs who are victims of trafficking in human beings or who have been the subject of an action to facilitate irregularmigration who cooperate with the competent authorities
3.6.2 Residence permits for non-asylum seeking unaccompanied minors
4 Reception arrangements, including integration measures for unaccompanied minors
4.1 Types of reception facilities for unaccompanied minors
4.2 Staff responsible for the reception and care of UAMs
4.2.1 Supervision rate
4.2.2 Tasks of staff
4.2.3 Training of staff
4.2.4 Types of professionals
4.3 Other material reception conditions for unaccompanied minors
4.4 Non-material reception conditions for unaccompanied minors
4.5 Towards ‘durable solutions’ for UAMs
5 Unaccompanied minors who go missing or abscond from reception and care facilities
5.1 Data on UAMs who go missing or abscond from reception and care
5.2 Possible reasons for the disappearances of UAMs
5.3 Profile of UAMs who go missing or abscond from reception and care
5.4 Timing of disappearances of UAMs
5.5 Measures to prevent disappearances
5.6 Measures to report and respond todisappearances
| 5.7 Challenges associated with the issue of UAMswho go missing or abscond
6 Arrangements in the (Member) States for unaccompanied minors turning 18 years of age
6.1 Situation in the (Member) States of UAMs turning 18 years of age
6.2 Measures in place to support UAMsin advance of the transition
6.3 Measures in place to support UAMs after the transition
6.4 Monitoring mechanisms
6.5 Challenges associated with the impactof UAMs turning 18
6.6 Good practices
7 Return practices of (Member) States, including reintegration of unaccompanied minors
7.1 Return
7.1.1 Voluntary return of UAMs
7.1.2 Forced return of UAMs
7.1.3 Reintegration support and monitoring systems
7.2 UAMs in detention and alternatives to detention
7.2.1 Detention of UAMs
7.2.2 Special circumstances under which UAMs can be detained
7.2.3 Alternatives to detention of UAMs
8 Overview of the international and EU legislative framework
8.1 Introduction
8.2 Provisions in place to address the human rights of UAMs
8.3 The protection of unaccompanied minors in international law and the EU Acquis
9 Conclusions
| Annexes
Annex 1 Statistics on unaccompanied minors in the (Member) States (2009-2013)
Annex 2 Overview tables accompanying Section 3 on entry and assessment procedures, including border controls for unaccompanied children
Annex 3 Overview tables accompanying Section 4 on reception arrangements, including integration measures for unaccompanied children
Annex 4 Overview table accompanying Section 7 on return and reintegration of unaccompanied children
Author (Corp. Body): European Migration Network
Contributer: Europäische Kommission / Generaldirektion Inneres
Year: 2015
Language: en
Ressource: Einzelne Berichte, Studien
Keyword: policy on asylumbest practiceEUadolescentlegal usageremigrationstatistics
Subject: European Community lawHuman rightsAspects of migration
Countries Scheme: Europe. General Resources
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Title: Dissemination of Information on Voluntary Return : how to reach irregular migrants not in contact with the authorities ;
Synthesis Report for the EMN Focussed Study 2015
Abstract
This Synthesis Report presents the main findings of the 2015 EMN Focussed Study on “Dissemination of information on voluntary return: How to reach irregular migrants not in contact with the authorities”. The overall aim of this study is to inform Member States and the Commission about the different approaches employed in the EU Member States and Norway to ensure that irregular migrants are informed of options for return, with particular reference to voluntary and assisted voluntary return.[Author vide copyright]
Table of Contents
Executive summary
Key points to note
MAIN FINDINGS
1 Introduction
1.1 Background and context
1.2 Aims and rationale for the study
1.3 Overview of EU legal and policy context
1.4 Structure of the report
2 The scale and nature of the problem
2.1 The Scale and nature of irregular migration in EU Member States
2.2 The Scale and nature of irregular migrants who are not in contact with the authorities
2.3 Challenges in reaching out to irregular migrants not in contact with the authorities
3 National legislation and policy on the dissemination of information on voluntary return
3.1 National rules on the dissemination of information on voluntary return
3.2 Information provided with the return decision
3.3 Recent or planned developments
4 Overall national approaches to disseminating information on (voluntary) return
4.1 Actors involved in disseminating information on return
4.1.1 State Actors involved in the dissemination of information
4.1.2 Non-state actors involved in the dissemination of information
4.1.3 Coordination between actors
4.2 Tools used in the Member State for disseminating information on (voluntary) return
4.3 Content of the information provided
4.4 Timing of information provision
4.5 Accessibility of the information provided
5 Specific information campaigns
5.1 Overview of Member State campaigns
5.2 Methods employed to reach target groups
6 Evidence of effectiveness
6.1 Sources of evaluative evidence of the effectiveness of dissemination on voluntary return
6.2 Effectiveness in reaching out to irregular migrants not in contact with the authorities
6.3 Effectiveness in ensuring that irregular migrants have a comprehensive understanding of their options
7 Conclusions
Annex 1 Glossary
Annex 2 National statistics on return of third-country nationals
Author (Corp. Body): European Migration Network
Contributer: Europäische Kommission / Generaldirektion Migration und Inneres
Year: 2015
Language: en
Ressource: Einzelne Berichte, Studien
Keyword: third countriesEUinformation brokeragemigration policyremigration
Subject: European Community lawMigrationDissemination of information
Countries Scheme: Europe. General Resources
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Title: EMN Return Experts Group Directory : Connecting Return Experts across Europe ; EMN REG Contact points in Member States ;
Facts and Figures on (Voluntary) Return per Member State ; Overview of Programmes across Europe to support Return and
Reintegration in third countries
Abstract
The EMN REG Directory connects return experts across Europe by providing, for the first time, a European wide mapping of the actors involved in the return process and of the programmes and initiatives implemented in the field of return in each Member State.The EMN REG Directory is divided into two parts. The first part presents general statistics about the number of return decisions issued and the number of returns effected, disaggregated by the type of returns (e.g. forced return, voluntary departure and assisted voluntary return). The second part compiles Member States’ Country Factsheets which have been completed by the EMN REG Members for their respective Member State.[Author vide copyright]
Table of Contents
Introduction
Part I: General Statistics
Table 1: TCNs ordered to leave -2009-2013
Table 2: TCNs returned -2009-2013
Table 3: Number of Forced returns-2009-2013
Table 4: Number of Voluntary departures-2009-2013
Table 5: Number of Assisted voluntary returns-2009-2013
Part II: Member States' Country Factsheets on Return and Reintegration Programmes
1. Country Factsheet Austria
2. Country Factsheet Belgium
3. Country Factsheet Bulgaria
4. Country Factsheet Croatia
5. Country Factsheet Cyprus
6. Country Factsheet Estonia
7. Country Factsheet Finland
8. Country Factsheet France
9. Country Factsheet Germany

10. Country Factsheet Greece
11. Country Factsheet Hungary
12. Country Factsheet Italy
13. Country Factsheet Ireland
14. Country Factsheet Latvia
15. Country Factsheet Lithuania
16. Country Factsheet Luxembourg
17. Country Factsheet Malta
18. Country Factsheet the Netherlands
19. Country Factsheet Poland
20. Country Factsheet Portugal
21. Country Factsheet Romania
22. Country Factsheet Slovak Republic
23. Country Factsheet Slovenia
24. Country Factsheet Spain11125. Country Factsheet Sweden
26. Country Factsheet United Kingdom
27. Country Factsheet Norway
Author (Corp. Body): European Migration Network
Contributer: Europäische Kommission / Generaldirektion Inneres
Year: 2014
Language: en
Ressource: Unternehmens- und Institutionenverzeichnisse
Keyword: third countriesEUmigrationremigrationstatistics
Subject: European Community lawHuman rightsMigration
Countries Scheme: Europe. General Resources
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Title: Identification of victims of trafficking in human beings in international protection and forced return procedures
Title (other): European Migration Network Study March 2014
Abstract
This Synthesis Report presents the main findings of the Third 2013 EMN Focussed Study on “Identification of Victims of Trafficking in Human Beings in International Protection and Forced Return Procedures”. The aim of the Study was to examine whether, and how, potential victims of trafficking in human beings are detected and identified in these procedures in (Member) State. The study concerned both applicants for international protection and ‘failed’ applicants in forced return procedures who have received a (final) negative decision on their application(s) for protection or have abandoned the procedure. The Synthesis Report is based on the findings presented in 24 National Reports and developed in collaboration with the European Commission, EMN NCPs and the EMN Service Provider.[Author vide copyright]
Table of Contents
1 Introduction
1.1 Background and context
1.2 EU Legislative framework
1.2.1 Anti-trafficking legislation
1.2.2 The EU asylum acquis
1.2.3 The Dublin Regulation
1.2.4 Legislation on return
1.3 The role of the EU Anti-Trafficking Coordinator and the EU agencies
2 Scope and scale of the problem
2.1 Evidence from national studies
2.2 National statistics
2.2.1 Detection of victims when in international protection procedures
2.2.2 Third-country nationals granted a reflection period or residence permit having been through or having moved from international protection procedures
2.2.3 Third-country nationals granted an international protection status on grounds of being a victim of trafficking
2.2.4 Third-country nationals detected in forced return procedures
3 National Frameworks
3.1 Protocols for children
3.2 Gender-specific protocols
4Detection and identification in international protection procedures
4.1 Mechanisms for detecting victims of trafficking in human beings
4.1.1 Proactive screening
4.1.2 Detection through the recognition of indications of trafficking
4.1.3 Self-reporting
4.2 Systems in place to follow up on suspected cases of trafficking
4.2.1 Immediate referral onto official identification procedures
4.2.2 Assessment by asylum authorities / (specialised) reception centre staff
4.2.3 (Official) identification by asylum authorities / reception centre staff
4.2.4 Alternative assessments and The role of other actors in the identification process
| 5 Detection and identification in “Dublin” procedures
5.1 Mechanisms for detection in Dublin procedures
5.2 Assessment of suspected cases
5.3 Decision not to proceed with a Dublin transfer
6Detection and identification in return procedures
6.1 Mechanisms for detection of victims in forced return procedures
6.1.1 Proactive screening of returnees
6.1.2 Detection through the recognition of indications of trafficking
6.1.3 Self-reporting
6.2 Systems in place to follow up on suspected cases of trafficking
6.2.1 Secondary assessment / identification
6.2.2 Suspension of the return order
6.2.3 Alternative assessments in case of non-identification
7 Training of officials in contact with potential victims of trafficking
7.1 Training to actors in international protection procedures
7.2 Training of actors responsible for enforcing returns
7.3 Providers of training and cooperation
8 Referral
8.1 Possibilities for referral to assistance for victims in international protection procedures
8.1.1 Provision of assistance without changes to procedure
8.1.2 Provision of assistance through changes in procedure
8.1.3 No referral is needed as protection and residence possibilities are assessed at the same time
8.1.4 No referral is needed as third-country nationals can be granted international protection on grounds of trafficking in human beings
8.2 Referral from forced return procedures
8.3 Mechanisms and tools for referral
8.4 Tranfer of personal data
9Conclusions
Annex 1 Statistics
Annex 2 Glossary
Annex 3 Competent authorities
Author (Corp. Body): European Migration Network
Contributer: Europäische Kommission / Generaldirektion Inneres
Year: 2014
Language: en
Ressource: Einzelne Berichte, Studien
Keyword: best practiceEUcriminalityslave tradelegal usagelegal protectionremigration
Subject: European Community lawHuman rights
Countries Scheme: Europe. General Resources
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Title: Establishing Identity for International Protection : Challenges and Practices
Abstract
This Synthesis Report presents the main findings of the second EMN Focussed Study “Establishing Identity for International Protection: Challenges and Practices”. The aim of the study is to provide an overview of important challenges facing national authorities in their efforts to establish, in the absence of credible documentation, the identity of applicants for international protection (i.e. asylum and subsidiary protection) and for the return of rejected applicants. It also aims to draw together an overview of national practices in handling these challenges, while allowing for the identification of possible steps towards further (joint) actions.[Author vide copyright]
Table of Contents
EXECUTIVE SUMMARY
1. INTRODUCTION
2. RELEVANT NATIONAL AND EU LEGISLATION
2.1 International Protection
2.1.1. Obligation of applicants to cooperate with the authorities
2.1.2. Right of the competent authorities to search the applicant
2.1.3. Possibility to prioritise/accelerate the asylum procedure in cases where the applicant has misled authorities
2.1.4 Investigating and establishing identity
2.1.5 Legislation outlining methods for establishing identity
2.1.6. Fixed terms for the establishment of identity
2.2 Return Procedure
2.2.1. Contacts with presumed countries of origin
2.2.2. Legislation outlining methods for establishing identity
3. INSTITUTIONAL FRAMEWORK FOR ESTABLISHING IDENTITY3.1 Types of organisations involved
3.2 Establishing the identity of asylum applicants as part of the decision making process
3.3 Establishing the identity of rejected asylum applicants for return: organisations involved
3.4 Central Competence Centres
4. METHODS FOR ESTABLISHING IDENTITY
4.1 Defining identity
4.2 Documents required for confirming identity
4.3 Methods used to establish identity in the absence of credible information
4.3.1 Methods for establishing identity in international protection procedures
4.3.2 Methods used in the (forced) return of rejected applicants
5. DECISION-MAKING PROCESS
5.1 Attribution and Determination of Identity
5.2 Weight of different methods to determine identity and grading systems
5.3 Influence of identity establishment on outcome of cases
5.3.1 International Protection
5.3.2 (Forced) Return
6. CONCLUSIONS
ANNEX
Author (Corp. Body): European Migration Network
Contributer: Europäische Kommission
Year: 2013
Language: en
Ressource: Einzelne Berichte, Studien
Keyword: person seeking asylumthird countriesEUidentitymigration policylawlegal usageremigration
administrative procedure
Subject: European Community law in generalAdministrative proceduresMigration
Countries Scheme: Europe. General Resources
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Title: Practical Measures to Reduce Irregular Migration
Title (other): Practical Measures to Reduce Irregular Migration : Annexes
Abstract
The overall purpose of this EMN Study on Practical Measures to Reduce Irregular Migration is to provide an overview of existing approaches, mechanisms and measures to reduce irregular migration in the EU and Norway. In particular, its aim is to inform policymakers and practitioners about the practical measures that have proved effective and proportionate in addressing the issue of irregular migration, both in relation to prevention and in providing pathways out of irregularity, including best practice and to contextualise national policies and practices within the overall EU policy framework. A further aim was to present the available statistics and the methods of data collection used by Member States to estimate the irregular migrant population.[Author vide copyright]
Table of Contents
7.2.2 Costs of return / removal
7.2.3 Situations in which removal is difficult and practical responses to this
8. EU AND EUROPEAN COOPERATION
8.1 The impact of Schengen
8.2 The impact of the EU Solidarity Funds (RF and EBF)
8.2.1 European Return Fund (RF)
8.2.2 External Border Fund
8.3 Cooperation with EU Agencies or international organisations
8.4 Cooperation between Member State
8.5 Legislative cooperation with third countries (including EU Readmission Agreements)
8.5.1 EU Readmission Agreements
8.5.2 Bilateral readmission agreements
9. CONCLUDING REMARKS
9.1 Statistical Analysis
9.2 The effectiveness of practical measures
9.3 The impact of EU legislation
9.4 Barriers to effectiveness
9.5 Lessons learnt
9.6 Additional measures identified
| EXECUTIVE SUMMARY
1. INTRODUCTION
1.1 Definitions and Terminology used in the Study
1.2 Methodology
2. EU POLICY ON REDUCING IRREGULAR MIGRATION
3. NATIONAL POLICIES ON AND LEGAL FRAMEWORKS FOR REDUCING IRREGULAR MIGRATION
3.1 Institutional Framework
3.2 National Legislative Frameworks
3.3 Recent legislative changes and their drivers
4. PRE-ENTRY MEASURES
4.1 Information and awareness-raising campaigns
4.2 Pre-entry controls and checks prior to arrival at the national border
4.3 Role of carriers
4.4 Immigration Liaison Officers (ILOs)
4.5 Identification of irregular migration routes
4.6 (Other) Intelligence-gathering and Risk Assessment
4.7 Training and other Support Activities
4.8 Co-operation with third countries
5. ENTRY MEASURES
5.1 Refusals of entry at the borders: a statistical overview
5.2 Use of technology for border surveillance
5.3 Measures to improve border-management and checking of passengers
5.4 Measures to detect and prevent use of false documents for entry
5.5 Cross-border cooperation
5.6 Cooperation with Frontex
6. MEASURES TAKEN DURING STAY IN THE (MEMBER) STATE
6.1 Estimates of stock of irregular migrants
6.2 Identification of irregular migrants on the territory
6.2.1 Apprehensions of third-country nationals found to be irregularly present
6.3 Measures to prevent employment of irregular migrants
6.3.1 Workplace inspections
6.3.2 Sanctioning of employers
6.3.3 Other practical measure to reduce employment of irregular migrants
6.4 Detection and prevention of fraudulent means of staying on the Member State territory
6.5 Other practical measures undertaken
7. PATHWAYS OUT OF IRREGULARITY
7.1 Obtaining legal status (regularisation)
7.2 Return
7.2.1 The impact of the Return Directive : (Directive 2008/115/EC)
| ANNEX I – DEFINITIONS RELATED TO IRREGULAR MIGRATION
ANNEX II – RECENT AND ONGOING STUDIES ON IRREGULAR MIGRATION
ANNEX III - EU ACTIONS TO REDUCE IRREGULAR MIGRATION AND LIST OF RELEVANT EU LEGISLATION
ANNEX IV – OVERVIEW OF NATIONAL LEGISLATION
ANNEX V – PENALTIES IMPOSED IN MEMBER STATES IN RELATION TO IRREGULAR MIGRATION
ANNEX VI – EXAMPLES OF PROJECTS FUNDED BY THE EUROPEAN RETURN FUND AND THE EXTERNAL BORDERS FUND IN (MEMBER) STATES (AS PROVIDED IN NATIONAL REPORTS)
ANNEX VII – ADDITIONAL STATISTICS ON IRREGULAR MIGRATION
ANNEX VIII – BIBLIOGRAPHY
Author (Corp. Body): European Migration Network
Contributer: Europäische Kommission
Year: 2012
Language: en
Ressource: Einzelne Berichte, Studien
Keyword: third countriesEUcooperationmigration policyremigrationstatisticsadministrative procedureimmigration
Subject: European Community treaties and agreementsAdministrative proceduresMigration
Countries Scheme: Europe. General Resources
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Title: Annual Policy Report 2010
Abstract
This EMN Synthesis Report provides an overall insight into the most significant political and legislative (including EU) developments, as well as public debates, in the area of migration and asylum in Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Estonia, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovak Republic, Slovenia, Spain, Sweden and the United Kingdom for the period 1st January 2010 to 31st December 2010. The Synthesis Report has been produced on the basis of National Reports from each National Contact Point of the European Migration Network (EMN NCPs) in these Member States, except for Denmark, Cyprus, Greece and Romania which did not produce an EMN National Annual Policy Report but provided information on the Commission?s Staff Working Paper accompanying the 2nd Annual Report on Immigration and Asylum.[Author vide copyright]
Table of Contents
3.4.1.1. Promotion of harmonious integration in line with the common basic principles
3.4.1.2. Promote information exchange on best practices in terms of reception and integration3.4.1.3. Incorporate integration issues in a comprehensive way in all relevant policy areas
3.4.1.4. Improved consultation with and involvement of civil society
3.4.1.5. Enhance democratic values and social cohesion in relation to immigration and integration
3.4.2 Additional national developments
3.5 Citizenship and Naturalisation
4. IRREGULAR IMMIGRATION AND RETURN
4.1 Irregular Immigration
4.1.1 Developments from the EU perspective in the context of the European Pact on Immigration and Asylum and Stockholm Programme
4.1.1.1. Only use case-by-case regularisation
4.1.1.2. Prevent the risk of irregular migration within the policies for the entry and residence as well as freedom of movement of third country nationals
4.1.1.3. Cooperation between Member States to ensure the expulsion of irregular migrants
4.1.1.4. Adopt appropriate penalties against those who exploit irregular immigrants
4.1.1.5. Ensure the application of the principle of mutual recognition of return decisions
4.1.1.6. Undertake action against irregular immigration and trafficking by developping and analysing information on migration routes and/or flows
4.1.1.7. Increased targeted training and equipment support
4.1.1.8. Coordinated development of the network of liaison offiers in country of origin and transit
4.1.2 Additional national developments
4.2 Return
4.2.1 Developments from the EU perspective in the context of the European Pact on Immigration and Asylum and Stockholm Programme
4.2.1.1. Conclusion of readmission agreements at EU or bilateral level development of a mechanism to monitor EC readmission agreement and definition of a coherence readmission strategy
4.2.1.2. Devise incentive systems to assist voluntary return
| Executive Summary
1. INTRODUCTION
1.1 Methodology
2. POLITICAL, LEGISLATIVE AND INSTITUTIONALDEVELOPMENTS
2.1 Developments in the Member States
2.1.1 Elections
2.1.2 Policy initiatives in Asylum and Migration
2.1.3 National legislative developments
2.2 Developments at EU level
2.2.1 Presidency of the Council of the European Union
2.2.2 Adopted and proposed EU asylum and migration legislation
2.2.1.1. Asylum
2.2.1.2. External Borders
2.2.1.3. Visas
2.2.1.4. Immigration
2.2.1.5. Control of irregular immigration and return
2.3 Institutional developments
3. LEGAL IMMIGRATION AND INTEGRATION
3.1 Economic Migration
3.1.1 Developments from the EU perspective in the context of the European Pact on Immigration and Asylum and Stockholm Programme
3.1.1.1. Implement policies for labour migration
3.1.1.2. Increase the attractiveness of the EU for highly qualified workers
3.1.1.3. Measures to facilitiate the reception of students and researchers and their mobility within the EU
3.1.1.4. Ensure that temporary and circular migration policies do not aggravate the brain drain
3.1.1.5. Improving skills recognition and labour matching
3.1.2 Additional national developments
3.1.3 Key statistics
3.2 Family Reunification
3.2.1 Developments from the EU perspective in the context of the European Pact on Immigration and Asylum and Stockholm Programme
3.2.1.1. Regulate family migration more effectively
3.2.2 Additional national developments
3.2.3 Key statistics
3.3 Other Legal Migration
3.3.1 Developments from the EU perspective in the context of the European Pact on Immigration and Asylum and Stockholm Programme
3.3.1.1. Strenghten mutual information on migration
3.3.1.2. Improve information on the possibilities and conditions of legal migration
3.3.2 Additional national developments
3.4 Integration
3.4.1 Developments from the EU perspective in the context of the European Pact on Immigration and Asylum and Stockholm Programm | 4.2.1.3.Assistance to Member States facing specific and disproportionate pressure to ensure the effectiveness of their return politicies towards third states
4.2.1.4. Increased practical cooperation between Member States, for instance by chartering of joint return flights
4.2.2 Additional national developments
4.2.3 Key statistics
4.3 Action against human trafficking
4.3.1 Developments from the EU perspective in the context of the European Pact on Immigration and Asylum and Stockholm Programme
4.3.1.1. Improve cooperation with countries of origin and transit to provide better information to communities under threat
4.3.2 Additional national developments
4.3.3 Key statistics
5. BORDER CONTROL
5.1.1 Developments from the EU perspective in the context of the European Pact on Immigration and Asylum and Stockholm Programme
5.1.1.1.Mobilise all available resources to ensure more effective control at external borders
5.1.1.2.Deployment of modern technoligical means for an effective integrated management of external border, including a better coordination of the different types of checks
5.1.1.3. Ensure that the SIS II and VIS systems become fully operational and the implementation of the Visa Code
5.1.2 Additional national developments
5.1.3 Key statistics
5.2 Cooperation with respect to border control
5.2.1 Developments from the EU perspective in the context of the European Pact on Immigration and Asylum and Stockholm Programme
5.2.1.1. Use of biometric visa and cooperation between Member State’s consular authorities
5.2.1.2. Cooperation with countries of origin and transit in order to sthrenghten control of the external border
5.2.2 Additional national developments
6. INTERNATIONAL PROTECTION, INCLUDING ASYLUM
6.1 Developments from the EU perspective in the context of the European Pact on Immigration and Asylum and Stockholm Programme
6.1.1 Establishment of the European Asylum Support Office
| 9.1.4 The transposition of EU legislation relating to Borders
9.2 Experiences, debates in the (non-) implementation of EU Legislation
9.2.1 Debates related to EU legislation
9.2.2 Debates relating to case law
ANNEX 1: Overview of equivalent national laws to transpose EU legislation
ANNEX 2: Statistics
| 6.1.2 Solidarity with Member States facing specific and disproportionate pressure on their national asylum systems
6.1.3 Participation in coordinated reallocation measures
6.1.4 Participation in resettlement procedures
6.1.5 Providing training to border guards with regard to rights and obligations pertaining to international protection
6.2 Additional national developments
6.2.1 Legislative and/or policy developments
6.2.2 Debates related to international protection
6.2.3 Other developments in relation to international protection
6.3 Key statistics
7. UNACCOMPANIED MINORS (AND OTHER VULNERABLE GROUPS)
7.1 Developments from the EU perspective in the context of the Stockholm Programme
7.2 Additional national developments
7.3 Key statistics
8. GLOBAL APPROACH TO MIGRATION
8.1 Developments from the EU perspective in the context of the European Pact on Immigration and Asylum and Stockholm Programme
8.1.1 Conclude EU-level or bilateral agreements with countries of origin and transit with clauses related to legal migration, control of irregular migration, readmission and development
8.1.2 Offer nationals of partner countries to the East and South of Europe opportunities for legal migration
8.1.3 Pursue policies of cooperation with the countries of origin and of transit in order to deter or prevent irregular immigration
8.1.4 More effective migration and development policies
8.1.5 Developping initiatives relating to the transfer of remittances
8.1.6 Fostering the involvement of diaspora in the development of their country of origin
8.2 Additional national developments
9. IMPLEMENTATION OF EUACQUIS
9.1 Member States? Transposition of EU Immigration and Asylum Acquis
9.1.1 The transposition of EU legislation relating to Asylum
9.1.2 The transposition of EU legislationrelating to irregular migration
9.1.3 The transposition of EU legislation relating to legal migration
9.1.4 The transposition of EU legislation relating to Borders
Author (Corp. Body): European Migration Network
Contributer: Europäische Kommission
Year: 2011
Language: en
Ressource: Einzelne Berichte, Studien
Keyword: policy on asylumimmigration policyEUlegislationmigration policyremigration
Subject: European Community lawHuman rightsMigration
Countries Scheme: Europe. General Resources
Online Ressource: vorübergehend nicht erreichbar!
Bitte beachten Sie die urheberrechtlichen Bedingungen der Dokumentenbenutzung / Please observe the copyright when accessing the document | Quelle / Source: Europäische Kommission (http://ec.europa.eu/)
Title: Annual Policy Report 2009
Abstract
This EMN Synthesis Report provides an overall insight into the most significant political and legislative (including EU) developments, as well as public debates,in the area of migration and asylum in Austria, Belgium, Bulgaria, Czech Republic, Estonia, Finland, France, Germany, Greece, Hungary,Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Slovak Republic, Slovenia, Spain, Sweden and the United Kingdom for the period 1st January 2009 to 31st December 2009. The Synthesis Report has been produced on the basis of National Reports from each National Contact Point of the European Migration Network (EMNNCPs) in these Member States.[author vide copyright]
Table of Contents
1.INTRODUCTION
1.1 Methodology followed
2. GENERAL STRUCTURE OFPOLITICAL AND LEGAL SYSTEM IN THE MEMBER STATES
2.1 General Structure of Political System and Institutional Context relevant for migration and asylum
2.2 General Structure of Legal System in the Area of Migration and Asylum
3. POLITICAL, POLICY AND LEGISLATIVE; AND INSTITUTIONAL DEVELOPMENTS
3.1 General Political Developments
3.2 General Overview of main policy and/or legislative debates
3.3 Institutional Developments
3.4 Presidency of the European Union
4. SPECIFIC DEVELOPMENTS IN ASYLUM AND MIGRATION
4.1 Control and Monitoring ofImmigration
4.2 Refugee Protection and Asylum
4.3 Unaccompanied Minors (and other vulnerable groups)
4.4 Economic Migration
4.5 Family Reunification4.7 Integration
4.8 Citizenship and Naturalisation
4.9 Illegal Immigration
4.10 Actions against human trafficking
4.11 Return Migration
4.12 External Relations/Global Approach
4.13 Other Policy areas/topics
5. IMPLEMENTATION OF EU LEGISLATION
5.1 Adopted EU Legislation 2009
5.2 Proposed EU Legislation 2009
5.3 Member States‘ Transposition of Immigration and Asylum Acquis
5.4 Experiences, debates in the (non-) implementation of EU legislation
Annex I Overview of equivalent national laws which have been (in force), or steps taken in order to begin to be (not yet passed), implemented during 2009 in order to transpose EU legislation
Author (Corp. Body): European Migration Network | European Migration Network
Contributer: Europäische Kommission
Year: 2010
Language: en
Ressource: Einzelne Berichte, Studien
Keyword: policy on asylumimmigration policyEUlegislationmigration policyremigration
Subject: European Community lawHuman rightsMigration
Countries Scheme: Europe. General Resources
Online Ressource: vorübergehend nicht erreichbar!
Bitte beachten Sie die urheberrechtlichen Bedingungen der Dokumentenbenutzung / Please observe the copyright when accessing the document | Quelle / Source: Europäische Kommission (http://ec.europa.eu/)
Title: Annual Policy Report 2007
Abstract
This EMN Synthesis Report provides an overall insight into the most significant political and legislative (including EU) developments, as well as public debates in the area of migration and asylum, in Austria, Belgium, Estonia, Germany, Ireland, Italy, Latvia, Netherlands, Portugal, Romania, Spain, Sweden and the United Kingdom for the period 1st January 2007 to 31st December 2007. The report has been produced on the basis of National Reports from each National Contact Point of the European Migration Network (EMN) in these Member States, except for Italy and the United Kingdom who contributed directly to this report.[Author vide copyright]
Table of Contents
Executive Summary
1. INTRODUCTION
1.1 Methodology
2. POLITICAL; POLICY AND LEGISLATIVE; AND INSTITUTIONAL DEVELOPMENTS
2.1 Global Forum on Migration and Development
2.2 Presidency of the European Union
2.3 Outcome of National Elections
2.4 National Policy and Legislative Developments
2.5 Institutional Developments
3. SPECIFIC DEVELOPMENTS IN ASYLUM AND MIGRATION
3.1 Control and Monitoring of Immigration
3.2 Refugee Protection and Asylum
3.3 Unaccompanied Minors
3.4 Economic Migration
3.5 Family Reunification
3.6 Integration
3.7 Citizenship and Naturalisation
3.8 Illegal Immigration
3.9 Actions against Human Trafficking
3.10 Return Migration4.1 EU Legislation adopted in 2007
4.1.1 Migration Statistics
4.1.2 Re-admission Agreements
4.1.3 External borders
4.1.4 EU Funding
4.2 EU Legislative Proposals in 2007
4.3 Experiences in implementation of EU legislation
Table 1: Overview of equivalent national laws which have been (in force), or steps taken in order to begin to be (not yet passed), implemented during 2007 in order to transpose EU
Author (Corp. Body): European Migration Network
Contributer: Europäische Kommission
Year: 2009
Language: en
Ressource: Einzelne Berichte, Studien
Keyword: policy on asylumimmigration policyEUlegislationmigration policyremigration
Subject: European Community lawHuman rightsMigration
Countries Scheme: Europe. General Resources
Online Ressource: vorübergehend nicht erreichbar!
Bitte beachten Sie die urheberrechtlichen Bedingungen der Dokumentenbenutzung / Please observe the copyright when accessing the document | Quelle / Source: Europäische Kommission (http://ec.europa.eu/)
Title: Beneficiaries of international protection travelling to their country of origin : Challenges, policies and practices in
Ireland
Abstract
This European Migration Network study looks at challenges, policies and practices regarding beneficiaries of international protection travelling to their country of origin. The report consists of information gathered by way of a common template, primarily for a forthcoming overview, EU-level synthesis report: Beneficiaries of international protection travelling to their country of origin: Challenges, Policies and Practices in the EU Member States, Norway and Switzerland, which will be published on www.emn.ie and www.ec.europa.eu/emn.[Author vide copyright]
Table of Contents
SECTION 1 INTRODUCTION
1.1 Objectives and background
1.2 Methodology
SECTION 2 EU FRAMEWORK
2.1 EU framework
SECTION 3 POLICIES AND PRACTICES IN IRELAND
3.1 Cessation of refugee or subsidiary protection declarations in Ireland
3.2 Proposal to revoke
3.3 Decision to revoke
3.4 Grounds for revocation/cessation including return to/contact with country of origin
SECTION 4 CONSEQUENCES OF A DECISION TO REVOKE
4.1 Consequences of a decision to revoke
4.2 Effect on dependants and family members
SECTION 5 CONCLUSION
Author: Arnold, Samantha ; 1143139127
Series Title:ESRI - Survey and statistical report series ; 73
Contributer: Economic and Social Research Institute | European Migration Network
Year: 2019
ISBN / ISSN / Kat.Nr: 978-0-7070-0484-6
Language: en
Ressource: Einzelne Berichte, Studien
Keyword: person seeking asylumbest practiceEUcountry of originIrelandprotectiontravelremigration
Subject: European Community external relationsHuman rightsMigration
Countries Scheme: Europe. General ResourcesIreland
Online Ressource: vorübergehend nicht erreichbar!
Bitte beachten Sie die urheberrechtlichen Bedingungen der Dokumentenbenutzung / Please observe the copyright when accessing the document | Quelle / Source: Europäische Kommission (http://ec.europa.eu/)
Title: 2017 Annual Report on Migration and Asylum in Belgium
Abstract
The present report is the 14th annual report on migration and asylum of the Belgian National Contact Point (NCP) of the European Migration Network (EMN). The report provides an overview of the most significant political and legislative developments – as well as public debates - in the field of migration and asylum in Belgium during the period 1 January 2017 to 31 December 2017.The objectives of this report are to inform policymakers as well as a wider audience on these developments; to facilitate and further stimulate information exchange between all stakeholders active in the area of migration and asylum (such as governmental and non-governmental organisations, international organisations, universities and research organisations as well as the wider public); to put into perspective relevant public debates in the field of asylum and migration; and to document the implementation of EU legislation and the impact of European policy developments at the national level.[Author vide copyright]
Table of Contents
1. INTRODUCTION
1.1. Objectives and content
1.2. Methodology
1.3. Terms and definitions
2. INSTITUTIONAL AND LEGISLATIVE CONTEXT
2.1. Belgian state structure and division of competences
2.2. Belgian institutions in the field of asylum and migration
2.3. Belgian migration and asylum legislation
3. EXECUTIVE SUMMARY
4. LEGAL MIGRATION AND MOBILITY
4.1. Context
4.2. Legislative changes
4.3. Operational changes
4.4. Public debate
4.5. Future plans
5. INTERNATIONAL PROTECTION
5.1. Context
5.2. Legislative changes
5.3. Operational changes
5.4. Initiatives from civil society
5.5. Public debate
5.6. Future plans
6. UNACCOMPANIED MINORS AND OTHER VULNERABLE GROUPS
6.1. Context
6.2. Legislative changes
6.3. Operational changes
6.4. Public debate
6.5. Future plans
7. INTEGRATION
7.1. Context
7.2. Legislative changes
7.3. Operational changes
7.4. Public debate
7.5. Future plans
8. IRREGULAR MIGRATION
8.1. Context
8.2. Legislative changes
8.3. Operational changes
8.4. Public debate
8.5. Future plans
9. RETURN
9.1. Context
9.2. Legislative changes
9.3. Operational changes
9.4. Public debate
9.5. Future plans
10. COUNTERING TRAFFICKING IN HUMAN BEINGS
10.1. Context
10.2.Legislative changes
10.3. Operational changes
10.4. Public debate
11. MIGRATION AND DEVELOPMENT
11.1. Operational changes
11.2. Initiatives from civil society
11.3. Public debate
11.4. Future plans
ANNEXES
Author (Corp. Body): European Migration Network / National Contact Point Belgium | European Migration Network / Belgian Contact Point
Year: 2018
Language: en
Ressource: Einzelne Berichte, Studien
Keyword: policy on asylumBelgiumdevelopment aidEUillegal immigrationintegrationadolescentslave trade
migrationpublic opinionprotectionremigration
Subject: European Community external relationsHuman rightsMigration
Countries Scheme: Europe. General ResourcesBelgium
Online Ressource: vorübergehend nicht erreichbar!
Bitte beachten Sie die urheberrechtlichen Bedingungen der Dokumentenbenutzung / Please observe the copyright when accessing the document | Quelle / Source: Europäische Kommission (http://ec.europa.eu/)
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