Readmission, Return and Reintegration · Development (ICHD), Ministry of Justice of Netherlands,...

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Readmission, Return and Reintegration Eastern Partnership Panel on Migration and Asylum Tbilisi, 20-21 March 2013 Tour de Table Compilation

Transcript of Readmission, Return and Reintegration · Development (ICHD), Ministry of Justice of Netherlands,...

Page 1: Readmission, Return and Reintegration · Development (ICHD), Ministry of Justice of Netherlands, Ministry of Interior of Netherlands) – aimed at reintegration of both forced and

Readmission, Return and Reintegration

Eastern Partnership Panel

on Migration and Asylum

Tbilisi, 20-21 March 2013

Tour de Table

Compilation

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PARTICIPATING STATE: THE REPUBLIC OF ARMENIA

A. Return:

1. If your legislation

provides that an entry

ban should accompany a

return and/or removal

decision, what are the

lengths of entry bans

used in your country?

According to Article 8 of the RA Law “On Foreigners”

the issuance of an entry visa to a foreigner is refused,

the issued entry visa is revoked, or the entry into the

Republic of Armenia is banned, if the foreigner has

been expelled from the territory of the Republic of

Armenia or has been deprived of residence status, and

three years have not elapsed upon the entry into

force of the decision on expulsion or deprivation of

residence status.

2. If you issue entry bans,

how many have been

issued during 2011 and

the first half of 2012?

What are the top five

nationalities receiving

entry bans? How many

entry bans have been

issued for citizens of the

Eastern Partners?

Only one entry ban was issued to a citizen of Iraq in

2012.

3. What procedures do you

have in place to ensure

the identity of a person to

be returned/readmitted?

The domestic procedures ensuring the identification of

a person to be returned/readmitted are regulated by

the protocols of the readmission agreements.

4. How are special needs of

vulnerable persons taken

into account during the

return process?

This issue is regulated by already signed readmission

agreements, as well as by reintegration projects

carried out jointly with other states.

B. Readmission

The Requesting State sends an official request to the

authorized state1 body of the Requested State in order

to clarify the citizenship of the person to be

readmitted/returned. The nationality of the person to

be readmitted can be clarified via proven, i.e. valid

identity card, valid passport or substitute passport

(laissez-passer, certificate of repatriation) or prima-

facie evidence (expired identity document, passport,

conscription card or military book, driving license,

birth certificate, etc.)

1 Various responsible bodies are defined by different bilateral agreements (with the Czech

Republic, Russian Federation, Norway, Sweden is the State Migration Service of

Armenia, with the BeNeLux countries, Bulgaria, Germany is the Ministry of Foreign

Affairs, with Denmark is the Police of Armenia)

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5. If you are a receiving

state, what are your

requirements that need

to be fulfilled in order to

establish the nationality

of the person to be

readmitted?

.

6. What communication

channels do you use

when communicating

with sending/receiving

states for transferring

and/or controlling

information concerning

the identity of a person to

be returned/readmitted?

E-mail, regular mail and fax are the main

communication channels.

7. Has your country

readmitted/asked for

readmission third country

nationals (ie not own

nationals)? If so, what

treatment and rights are

applied/provided to such

persons? What are the

challenges in treating this

group of persons and

what happens to them

after their readmission?

No readmission case of third country nationals in the

framework of the readmission agreements signed by

the State Migration Service (SMS) has been so far.

8. If no such readmissions

are requested, please

provide the reasons why

– (no need, readmission

directly to the country of

origin etc)."

Though readmission agreements stipulate requirement

on readmission of third-country nationals, Armenia has

not readmitted any third country nationals within the

readmission agreements signed by the SMS.

C. Reintegration:

9. What mechanisms do you

have in place for

reintegrating a person

returning from another

country?

First of all it should be mentioned that the 8th point

“On support of the return of the RA citizens of

Armenia, as well as their further reintegration process”

of “2012-2016 Action Plan for Implementation of the

Concept for the Policy of the State Regulation of

Migration in the RA” stipulates 4 actions:

- further improvement of internet information system

supporting the return of the RA citizens from foreign

countries;

- running employment programmes and introduction of

new ones directed at re-integration of returning RA

citizens in the labour market;

- establishing advisory services for the RA citizens

returning to Armenia within the state bodies working

with migrants, activation of cooperation with the NGOs

operating in this sector;

- holding negotiations with receiving countries on

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supporting the returning citizens in re-integration in

Armenia.

The Action Plan envisages not only the activity, but

also the expected outcome, actions, the responsible

bodies, timeframe and monitoring indicators for action

implementation.

Besides, the reintegration programs are being carried

out jointly with the sending country and NGO or

international organization functioning in the country.

There are certain mechanisms, such as:

- financing income-generating activities (support to

starting and existing businesses);

- requalification trainings;

- education of children;

- medical support (implemented by the IOM, “People in

need” NGO, the French Armenian Foundations,

Armenian Caritas)

Moreover, another program titled “Strengthening

Armenia’s migration management capacities

with special focus on reintegration activities”

operates in the framework of EU-Armenia Mobility

Partnership. Program is being realized by 7 EU MS

(France, Belgium, Bulgaria, the Czech Republic,

Germany, the Netherlands and Sweden). The French

office for immigration (OFFI) and integration will chair

the process of the program realization.

10. When returning

someone, do you provide

any special programs for

improving the possibility

for the person to be

return to reintegrate in

the country of origin?

Program on “Support of return of RA

citizens from Netherlands” (implementers

are International Center for Human

Development (ICHD), Ministry of Justice of

Netherlands, Ministry of Interior of

Netherlands) – aimed at reintegration of both

forced and voluntary returned people.

“Return to Sources” program (French Office

of Immigration and Integration (OFII),

Association Arménienne d’Aide Sociale (AAAS),

French Armenian Development

Foundation (FADF))

IOM – large list of the EU countries

PINF (People in Need) – large list of countries

11. Which authorities are

involved with

reintegration in your

country?

The State Migration Service of the RA Ministry of

Territorial Administration, RA Ministry of Health, “State

Employment Service Agency” of the RA Ministry of

Labour and Social Affairs, Small and Medium

Entrepreneurship development national center of

Armenia are the state authorities involved in

reintegration.

12. Is there involvement of

non-governmental

organizations in

Several NGO-s and international organizations are

involved in the reintegration programs (e.g.,

“International Center for Human Development” NGO,

IOM Armenia, “Caritas”, French–Armenian

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reintegration processes

in your country? If so

please specify

Development Foundation, “People in Need”).

13. Are there any special

projects for reintegration

that is done in

cooperation with other

states and/or

international

organizations?

Yes, see the answers to the 10th and 16th questions.

14. Do you have any special

mechanisms for

reintegrating vulnerable

persons? If so, what are

the special mechanisms

and what groups of

vulnerable persons are

targeted?

In relation to special mechanisms for reintegration of

vulnerable persons, they are listed in the answer to

the 9th question.

Targeted vulnerable group is comprised of those

needing medical care (in fact these are people who

need to continue their treatment upon arrival in

Armenia). Cases including unaccompanied minors are

less.

PARTICIPATING STATE: THE REPUBLIC OF AZERBAIJAN

A. Return:

1. If your legislation

provides that an entry

ban should accompany a

return and/or removal

decision, what are the

lengths of entry bans

used in your country?

The legislation does not provide for the length of entry

bans. However, in the practice it is limited to five

years or until the reasons for the entry ban cease to

exist. Entry bans could be issued in any following

cases:

- threat to national security or public order;

- necessity to ensure the rights and legitimate

interests of Azerbaijani nationals or other

persons;

- violation of Azerbaijani laws during previous

stay;

- provision of false personal information for

entering Azerbaijan;

- if the person’s state of health endangers public

health (exception are made for those who come

to Azerbaijan for medical treatment);

- he/she is unacceptable or unwelcome person.

2. If you issue entry bans,

how many have been

issued during 2011 and

the first half of 2012?

What are the top five

In 2011, entry bans were issued for 2004 persons,

while in the first half of 2012 it was 718. Top five

nationalities in 2011 were as follows: Russian

Federation – 660; Pakistan – 436; China – 263;

Turkey – 203; and Uzbekistan – 66. In the first half of

2012 they were following: Russian Federation – 168;

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nationalities receiving

entry bans? How many

entry bans have been

issued for citizens of the

Eastern Partners?

Turkey – 129: Uzbekistan – 114; Pakistan – 71; China

– 55.

EaP countries nationals who received entry bans in

2011 were: Ukraine – 44; Georgia – 23; Moldova –

10; and Belarus – 9. In the first half of 2012 they

were as follows: Moldova – 29; Ukraine – 28; Georgia

– 20; Belarus – 5.

3. What procedures do you

have in place to ensure

the identity of a person to

be returned/readmitted?

In order to identify whether any person living abroad

has the nationality of the Republic of Azerbaijan, they

are required to fill in the special application form and

attach following evidence: copy of the identity cards,

copy of the military service book, CV; 3x4 photos;

copies of the ID cards of parents of children under the

age of 18, copies of his/her (and in case of children

under 18, his\her parents’) official papers on

registration at any domicile in the Republic of

Azerbaijan, copy of a document certifying his/her

settlement in 1988-1992 in the Republic of Azerbaijan

as a refugee. The person can be interviewed in order

to confirm the nationality.

4. How are special needs of

vulnerable persons taken

into account during the

return process?

The Azerbaijani legislation does not provide for specific

procedures for all those categories of persons as

defined in the EU’s Return Directive (2008/115/EC ).

However, in accordance with the Azerbaijani Law on

Combating Trafficking in Human Beings, if any foreign

country national or stateless person is identified as the

victim of trafficking he/she cannot be

deported/expelled from Azerbaijan for the next one

year period. After the expiration of this one year

period, provided that this person cooperates with the

investigation authorities, he/she cannot be returned

until after the prosecution is over. Moreover, the

children who are the trafficking victims cannot be

returned to their countries or parents unless the

possibility that they could again be a trafficking victim

is totally excluded. While taking a decision on

returning the children above the age of 10 to their

countries or parents the children’s opinion is taken into

due account. If the victim of trafficking wishes to exit

the Republic of Azerbaijan, the Azerbaijani authorities

provide all necessary assistance for them to be issued

with proper travel documents and bear travel and

other expenses.

B. Readmission

So far, then Republic of Azerbaijan has not concluded

any readmission agreement with other countries.

There are ongoing negotiations with the EU and

Norway.

Following the request made by the Dutch Return

Service and German Bureau for Foreigners, the

representatives of the State Migration Service of

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Azerbaijan have visited the Netherlands and Germany

several times in order to identify the citizenship of

presumably Azerbaijani nationals who could be

returned to Azerbaijan.

5. If you are a receiving

state, what are your

requirements that need

to be fulfilled in order to

establish the nationality

of the person to be

readmitted?

. -

6. What communication

channels do you use

when communicating

with sending/receiving

states for transferring

and/or controlling

information concerning

the identity of a person to

be returned/readmitted?

-

7. Has your country

readmitted/asked for

readmission third country

nationals (ie not own

nationals)? If so, what

treatment and rights are

applied/provided to such

persons? What are the

challenges in treating this

group of persons and

what happens to them

after their readmission?

-

8. If no such readmissions

are requested, please

provide the reasons why

– (no need, readmission

directly to the country of

origin etc)."

-

C. Reintegration:

There is not any special program on reintegration.

However, specific measures are envisaged to ensure

social protection and employment of returning

persons.

Moreover, there are shelters for vulnerable people,

particularly victims of trafficking which provide for

their rehabilitation. There is the Centre for Assistance

to the Victims of Trafficking in Human Beings

functioning under the Ministry of Labor and Social

Protection of Population. The Centre ensures

psychological assistance to the victims and their

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families, medical rehabilitation, vocational training,

refresher courses, assistance in employment and

finding housing.

9. What mechanisms do you

have in place for

reintegrating a person

returning from another

country?

-

10. When returning

someone, do you provide

any special programs for

improving the possibility

for the person to be

return to reintegrate in

the country of origin?

-

11. Which authorities are

involved with

reintegration in your

country?

-

12. Is there involvement of

non-governmental

organizations in

reintegration processes

in your country? If so

please specify

-

13. Are there any special

projects for reintegration

that is done in

cooperation with other

states and/or

international

organizations?

-

14. Do you have any special

mechanisms for

reintegrating vulnerable

persons? If so, what are

the special mechanisms

and what groups of

vulnerable persons are

targeted?

-

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Tbilisi 20-21 March 2013

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PARTICIPATING STATE: BELGIUM

A. Return:

1. If your legislation

provides that an entry

ban should accompany

a return and/or

removal decision,

what are the lengths

of entry bans used in

your country?

Max. 3 years for irregular staying (overstayers, flight

risk, …)

Max. 5 years if fraud to obtain entry or staying in

Belgium

Max. 8 years if public order (recently condemned, or

still an actual risk for national security or public order)

10 years if public order / national security and if the

person had a right to stay in Belgium (right to stay will

be revoked)

2. If you issue entry

bans, how many have

been issued during

2011 and the first half

of 2012? What are the

top five nationalities

receiving entry bans?

How many entry bans

have been issued for

citizens of the Eastern

Partners?

Only entry bans 10 years since Return Directive only

came into force in Belgian Law from July 2, 2012.

10 year bans 2011: 523

10 year bans 2012: 553 (for the whole year)

Nationality 2011 2012

Albania 8 21

Armenia 2 3

Azerbaidjan 1

Bosnia-Herzegovina 1 5

Croatia 3

Georgia 9 3

Kazakhstan

Kosovo 5 5

FYROM 2 6

Moldova 2

Montenegro 1

Russian Federation 9 7

Serbia 5 16

Ukraine 3 2

3. What procedures do

you have in place to

ensure the identity of

a person to be

returned/readmitted?

all depends on nationality and available information,

as well as the will to co-operate from the returnee

used possibilities: questionnaires, interviews (by

Immigration Office, by Embassy or Consulate, by

interview delegations), finger print comparison (for

some third countries), also with national and

international finger print and other databases (criminal

records, asylum database, SIS, VIS – this last one in

the future), information obtained from returnee during

different procedures, …

4. How are special needs

all depends on the nature of the vulnerability and the background of the returnee if possible return with

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of vulnerable persons

taken into account

during the return

process?

AVRR (re-integration support, …), or medical

assistance (going for medication and ensure provision

of these medication post arrival, to accompanying by

doctor, nurse, psychologist, social assistant, … all

depends on the case), or specific assistance post

arrival linked to the fact that they were former victims

of human trafficking, etc. Support can be in kind or

financial or combination. Post arrival assistance will be

provided through NGO’s or hospitals, or specific

doctors, etc.

B. Readmission

5. If you are a receiving

state, what are your

requirements that

need to be fulfilled in

order to establish the

nationality of the

person to be

readmitted?

. Proof of nationality can be passport or identity

card or certificate of nationality

indications of nationality: drivers license, birth

certificate, marriage certificate, copies of PP, copy

of ID card, complete identity and photograph (can

be controlled in national register and in register of

issued ID cards with photograph)

6. What communication

channels do you use

when communicating

with

sending/receiving

states for transferring

and/or controlling

information

concerning the

identity of a person to

be

returned/readmitted?

all depends on the receiving state: by letter, by mail,

by fax

7. Has your country

readmitted/asked for

readmission third

country nationals (ie

not own nationals)? If

so, what treatment

and rights are

applied/provided to

such persons? What

are the challenges in

treating this group of

persons and what

happens to them after

their readmission?

No, we normally always send the returnees back to

their country of origin

8. If no such

readmissions are

requested, please

provide the reasons

why – (no need,

see 7

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Tbilisi 20-21 March 2013

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readmission directly

to the country of

origin etc)."

C. Reintegration

9. What mechanisms do

you have in place for

reintegrating a person

returning from

another country?

See : www.voluntaryreturn.be –

http://avrr.belgium.iom.int/en/home.html

10. When returning

someone, do you

provide any special

programs for

improving the

possibility for the

person to be return to

reintegrate in the

country of origin?

yes, if possible – see above mentioned websites

11. Which authorities are

involved with

reintegration in your

country?

Federal Agency for Reception of Refugees: see

www.fedasil.be

12. Is there involvement

of non-governmental

organizations in

reintegration

processes in your

country? If so please

specify

Caritas Catholica – International Organization for

Migration (IOM)

13. Are there any special

projects for

reintegration that is

done in cooperation

with other states

and/or international

organizations?

Yes – in framework of European Return Fund (ERI

project)

14. Do you have any

special mechanisms

for reintegrating

vulnerable persons? If

so, what are the

special mechanisms

and what groups of

vulnerable persons

are targeted?

See above mentioned websites + also a specific

reintegration project in the framework of forced return

(“special needs” – EU return fund detainees with

need for medical assistance, etc.)

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PARTICIPATING STATE: ESTONIA

A. Return:

1. If your legislation

provides that an entry

ban should accompany a

return and/or removal

decision, what are the

lengths of entry bans

used in your country?

According to Estonian legislation in the return

decision the entry ban shall be applied with

regard to an alien up to three years. If an alien

poses a danger to public order or national

security, the length of the entry ban is five

years.

2. If you issue entry bans,

how many have been

issued during 2011 and

the first half of 2012?

What are the top five

nationalities receiving

entry bans? How many

entry bans have been

issued for citizens of the

Eastern Partners?

Entry bans issued during 2011

Citizenship 2011

Russian Federation 147

Georgia 17

Ukraine 14

Armenia 7

China 7

Other countries 72

Total 264

Entry bans issued in the first half of 2012

Citizenship 2012

Russian Federation 40

Georgia 20

Vietnam 11

Ukraine 9

Armenia 6

Total 86

Entry bans issued for citizens of the

Eastern Partners during 2011

Citizenship 2011

Georgia 17

Ukraine 14

Armenia 7

Belarus 6

Azerbaijan 2

Moldova 1

Total 47

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Entry bans issued for citizens of the

Eastern Partners in the first half of 2012

Citizenship 2012

Georgia 20

Ukraine 9

Armenia 6

Belarus 5

Azerbaijan 1

Total 41

3. What procedures do you

have in place to ensure

the identity of a person to

be returned/readmitted?

Main activities are:

Cross use of databases and automatized

data exchange;

Consultations with competent authorities

and foreign missions (consuls) of countries

of origin.

4. How are special needs of

vulnerable persons taken

into account during the

return process?

A cooperation agreement between the Ministry

of the Interior and the Estonian Red Cross was

signed on 2.11.2011 in order to ensure that

third country nationals are treated during the

return process in a humane and dignified

manner and special needs of vulnerable

persons are taken into account. Estonian Red

Cross has right to observe the compliance of

the exercise of expulsion of an alien with the

procedural requirements, visit expulsion centre

and provide opinions and recommendations to

the Ministry of the Interior.

As an independent official the Chancellor of

Justice has also duty to ensure that the rights

of children are protected.

All needed assistance (e.g. medical,

psychological and financial help) is funded from

the state budget and EU Return Fund.

B. Readmission

5. If you are a receiving

state, what are your

requirements that need

to be fulfilled in order to

establish the nationality

of the person to be

readmitted?

.To establish the nationality of the person we

need at least the following data:

1) Full name;

2) date of birth or personal code;

3) document number, if possible.

6. What communication

channels do you use

For such purposes we use diplomatic channels

as well as direct contact points with the

competent authorities of countries of origin.

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when communicating

with sending/receiving

states for transferring

and/or controlling

information concerning

the identity of a person to

be returned/readmitted?

We use postal service, diplomatic post or fax.

7. Has your country

readmitted/asked for

readmission third country

nationals (ie not own

nationals)? If so, what

treatment and rights are

applied/provided to such

persons? What are the

challenges in treating this

group of persons and

what happens to them

after their readmission?

As general principle Estonia gives priority to returning

third country nationals to their country of origin. In

accordance with the readmission agreements the third

country nationals can be returned if the person

concerned:

1) holds, at the time of submission of the

readmission application, a valid visa or a valid

residence permit issued by the requested

Contracting Party;

2) unlawfully entered the territory of the

requesting Contracting Party directly from the

territory of the requested Contracting Party.

Provisions of the accelerated procedure are included in

the implementing protocols of the readmission

agreements.

Based on the above-mentioned grounds of the

readmission agreements Estonia returned 31 third

country nationals in 2011 and 32 third country

nationals in 2012.

8. If no such readmissions

are requested, please

provide the reasons why

– (no need, readmission

directly to the country of

origin etc)."

-

C. Reintegration:

9. What mechanisms do

you have in place for

reintegrating a person

returning from another

country?

The Integration and Migration Foundation Our People

(MISA) has tasks to promote integration processes in

Estonia, to coordinate activities related to immigration

and emigration, to publish information in this regard

and to produce overviews. The Foundation offers

counselling for returning citizens and expatriates on

migration issues and gives them financial support

when necessary.

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10. When returning

someone, do you provide

any special programs for

improving the possibility

for the person to be

return to reintegrate in

the country of origin?

VARRE is a project carried out by the Tallinn Office of

International Migration Organization and aims to support

the Government of Estonia in implementing an assisted

voluntary return and reintegration (AVRR) framework in

Estonia.

Re-emigration support given by MISA is available for

foreigners who have been permanently living in Estonia

for at least the last ten years and who wish to annul their

Estonian living permit and move to their homeland or

another country.

11. Which authorities are

involved with

reintegration in your

country?

Ministry of Culture, Ministry of Internal Affairs, Ministry

of Social Affairs, Ministry of Research and Education,

NGO-s.

12. Is there involvement of

non-governmental

organizations in

reintegration processes

in your country? If so

please specify

Yes. The Integration and Migration Foundation Our

People (MISA) has tasks to promote integration

processes in Estonia, to coordinate activities related to

immigration and emigration, to publish information in

this regard and to produce overviews.

13. Are there any special

projects for reintegration

that is done in

cooperation with other

states and/or

international

organizations?

No.

14. Do you have any special

mechanisms for

reintegrating vulnerable

persons? If so, what are

the special mechanisms

and what groups of

vulnerable persons are

targeted?

No.

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PARTICIPATING STATE: THE REPUBLIC OF GEORGIA

A. Return:

1. If your legislation

provides that an entry

ban should accompany a

return and/or removal

decision, what are the

lengths of entry bans

used in your country?

Law of Georgia on Legal Status of Foreigners and

Stateless People.

2. If you issue entry bans,

how many have been

issued during 2011 and

the first half of 2012?

What are the top five

nationalities receiving

entry bans? How many

entry bans have been

issued for citizens of the

Eastern Partners?

N/A

3. What procedures do you

have in place to ensure

the identity of a person to

be returned/readmitted?

Only the procedures foreseen by the “Agreement

between the European Union and Georgia on the

readmission of persons residing without

authorization”.

4. How are special needs of

vulnerable persons taken

into account during the

return process?

The Mobility Centre (MC) of the EU funded project on

“Targeted Initiative for Georgia” (TIG) is on

permanent basis informed on majority of the flights for

the readmission. If the sending authority informs on

any special need for the returned person, the MC

counselors are in advance defining the relevant service

provider(s) which can provide the returnee with

immediate assistance upon the arrival at Tbilisi

Airport. Such assistance is a part of the service

provided by the MC, however the project is not

capable to cover the related costs and therefore it

informs the respective EU member state’s sending

authority and thus facilitates the provision of service

requested. In some cases the MC was directly

approached by sending authority to ensure the

assistance for vulnerable persons (unaccompanied

minor, disabled, person with psychiatric disorder,

etc.). In such cases the contract on provision of

services was concluded between the project and the

Georgian Service provider with payment for the

service done by sending authority.

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B. Readmission

5. If you are a receiving

state, what are your

requirements that need

to be fulfilled in order to

establish the nationality

of the person to be

readmitted?

Requirements for the verification of citizenship of a

person to be readmitted or for valid assumption of a

citizenship, are laid down in Annex 1 and 2 of the

“Agreement between the European Union and Georgia

on readmission of persons residing without

authorization”.

These are:

Common list of documents, which are considered to be

proof for citizenship (Annex 1) / (ARTICLES 2 (1), 4

(1) AND 8 (1)):

All type of passports (national, diplomatic,

service, collective, surrogate and children’s

passports);

Identity cards (including temporary and

provisional ones);

Citizenship certificates and other official

documents that mention or clearly indicate

the citizenship.

Common list of documents which are considered as

Prima Facie evidence of nationality (annex 2) /

(ARTICLES 2 (1), 4 (1) and 8 (2)):

Where the Requested State is either one of the

Member States or Georgia:

Documents listed in Annex 1, the validity of

which has expired by more than 6 months;

Photocopies of any of the documents listed

in Annex 1 to the EU-GEO Agreement on

readmission;

Driving licenses or photocopies thereof;

Birth certificates or photocopies thereof;

Company identity cards or photocopies

thereof;

Statements by witnesses;

Statements made by the person concerned

and language spoken by him/her, including

by means of an official test result;

Any other document which may help to

establish the nationality of the person

concerned;

Service books and military identity cards;

Seaman’s registration books and skippers’

service cards;

Laissez-passer issued by the Requested

State;

Where the Requested State is Georgia:

o Confirmation of identity as a result of a

search carried out in the Visa Information

System ( 1 );

o In the case of Member States not using

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the Visa Information System, positive

identification established from visa

application records of those Member

States.

6. What communication

channels do you use

when communicating

with sending/receiving

states for transferring

and/or controlling

information concerning

the identity of a person to

be returned/readmitted?

Communication of information is carried out via

electronic means (secured e-mail, fax) as well as via

diplomatic mail (handed-over personally).

7. Has your country

readmitted/asked for

readmission third country

nationals (ie not own

nationals)? If so, what

treatment and rights are

applied/provided to such

persons? What are the

challenges in treating this

group of persons and

what happens to them

after their readmission?

There has been a Mobility Centre established in the

framework of the EU funded project “Support

reintegration of Georgian returning migrants and the

implementation of the EU-Georgia Readmission

Agreement”. The MC operates as an information hub

with the main aim to reorient returning migrants to

different service providers according to their specific

reintegration needs.

There are two ways for the beneficiaries to find the

Mobility Centre and utilize its services.

A) Majority of the readmission flights which are

announced to the responsible Authorities within the

government of Georgia are simultaneously announced

to the MC, which counselors assist the Ministry of the

Internally Displaced Persons from Occupied Territories,

Accommodation and Refugees in implementation of

the readmission agreement from the reintegration

assistance perspective. In practice it means that each

readmission flight which has been communicated to

the Ministry is directly assisted by project directly at

the Tbilisi Airport. Joint team of the Ministry and the

TIG project staff provides those returnees who show

the interest with the summarized information on

services available within the MC and gives a printed

leaflet which apart of short description of the services

contains address, phone numbers and other contact

details of MC for any further use by returnee.

B) The MC has been established at the premises of the

Ministry of the Internally Displaced Persons from

Occupied Territories, Accommodation and Refugees of

Georgia, which is the main partner of the project and

further successor of MC and its services. The MC is

open on a daily basis: Monday – Friday. On Tuesday it

works from 11:00 to 17:00, on other days from 10:00

to 16:00 (Lunch break is at 13:00-14:00). There is no

need to make an appointment in advance. Each

person addressing the MC goes through the initial

interview where the individual reintegration needs are

investigated as well as his/her eligibility to become a

beneficiary of the services provided by the project.

There is no precondition to be fulfilled and provided

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with the general counseling for which the vast majority

of MC visitors are considered eligible. The precondition

needs to be fulfilled in case the returnee requests

assistance in kind. This type of assistance could be

provided either as temporary accommodation, medical

– if that is considered as necessity for further

reintegration, vocational training and employment, as

well as counseling (these services are interrelated and

provided in cooperation between MC and 2 Job

Counseling and Placement centers which has been

established and are fully financed by the project in

Tbilisi and Kutaisi. Both centers have been established

as an extension of the network of JCPs run by the

International Organization for Migration a local

partners of the project). Last but not least the

assistance could also be provided in a form of micro

business grant supporting new entrepreneurs who

considered (and are simultaneously considered by the

project) self-employment as the best way of their

reintegration.

In all cases where contribution is requested (medical

assistance, accommodation, VET and micro business

granting) the beneficiary has to prove that s/he stayed

abroad for minimum 6 uninterrupted months and

returned to Georgia max.12 months before s/he

addresses the MC requesting for reintegration

assistance.

8. If no such readmissions

are requested, please

provide the reasons why

– (no need, readmission

directly to the country of

origin etc)."

As specified above there are various services provided

by MC assisting returning migrants in reintegration.

The temporary accommodation is mainly provided for

a few days to those who stayed abroad for a long

period of time and needs some time to reestablish

family ties and find decent accommodation. If

considered necessary a one night accommodation

assistance is also available to those who are met at

the Tbilisi Airport.

Substantive part of MC services is focused on

reintegration in the labor market. After the in depth

initial interview is done with the beneficiary in MC the

best way of reintegration assistance is defined jointly

by MC counselor and the beneficiary. In case the

beneficiary wishes to be assisted in finding

employment or feels a need for additional education to

increase his/her chances to succeed at the labor

market s/he is referred to the Job Counseling and

Placement Centre where more detailed interview

regarding previous education, working experiences

and different skills possessed by the beneficiary is

done by the JCP counselor, based on which the most

suitable vocational training is suggested to the

beneficiary. Costs of the training (for eligible

beneficiaries of the project, see Q n°7) are covered by

the project.

In case the beneficiary considers self-employment as

the best option for his/her reintegration s/he is

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requested to bring the business idea and if it’s feasible

s/he is subscribed for the micro business training. The

training is compulsory for all beneficiaries who would

like to request the TIG micro business grant. In the

frame of the training all beneficiaries are assisted by

the trainer to develop their business ideas into a

business plan. Only completed business plan could be

submitted to the TIG Evaluation Committee which

selects business plans for granting.

C. Reintegration:

9. What mechanisms do

you have in place for

reintegrating a person

returning from another

country?

There has been a Mobility Centre established in the

framework of the EU funded project “Support

reintegration of Georgian returning migrants and the

implementation of the EU-Georgia Readmission

Agreement”. The MC operates as an information hub

with the main aim to reorient returning migrants to

different service providers according to their specific

reintegration needs.

There are two ways for the beneficiaries to find the

Mobility Centre and utilize its services.

A) Majority of the readmission flights which are

announced to the responsible Authorities within the

government of Georgia are simultaneously announced

to the MC, which counselors assist the Ministry of the

Internally Displaced Persons from Occupied Territories,

Accommodation and Refugees in implementation of

the readmission agreement from the reintegration

assistance perspective. In practice it means that each

readmission flight which has been communicated to

the Ministry is directly assisted by project directly at

the Tbilisi Airport. Joint team of the Ministry and the

TIG project staff provides those returnees who show

the interest with the summarized information on

services available within the MC and gives a printed

leaflet which apart of short description of the services

contains address, phone numbers and other contact

details of MC for any further use by returnee.

B) The MC has been established at the premises of the

Ministry of the Internally Displaced Persons from

Occupied Territories, Accommodation and Refugees of

Georgia, which is the main partner of the project and

further successor of MC and its services. The MC is

open on a daily basis: Monday – Friday. On Tuesday it

works from 11:00 to 17:00, on other days from 10:00

to 16:00 (Lunch break is at 13:00-14:00). There is no

need to make an appointment in advance. Each

person addressing the MC goes through the initial

interview where the individual reintegration needs are

investigated as well as his/her eligibility to become a

beneficiary of the services provided by the project.

There is no precondition to be fulfilled and provided

with the general counseling for which the vast majority

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of MC visitors are considered eligible. The precondition

needs to be fulfilled in case the returnee requests

assistance in kind. This type of assistance could be

provided either as temporary accommodation, medical

– if that is considered as necessity for further

reintegration, vocational training and employment, as

well as counseling (these services are interrelated and

provided in cooperation between MC and 2 Job

Counseling and Placement centers which has been

established and are fully financed by the project in

Tbilisi and Kutaisi. Both centers have been established

as an extension of the network of JCPs run by the

International Organization for Migration a local

partners of the project). Last but not least the

assistance could also be provided in a form of micro

business grant supporting new entrepreneurs who

considered (and are simultaneously considered by the

project) self-employment as the best way of their

reintegration.

In all cases where contribution is requested (medical

assistance, accommodation, VET and micro business

granting) the beneficiary has to prove that s/he stayed

abroad for minimum 6 uninterrupted months and

returned to Georgia max.12 months before s/he

addresses the MC requesting for reintegration

assistance.

10. When returning

someone, do you provide

any special programs for

improving the possibility

for the person to be

return to reintegrate in

the country of origin?

As specified above there are various services provided

by MC assisting returning migrants in reintegration.

The temporary accommodation is mainly provided for

a few days to those who stayed abroad for a long

period of time and needs some time to reestablish

family ties and find decent accommodation. If

considered necessary a one night accommodation

assistance is also available to those who are met at

the Tbilisi Airport.

Substantive part of MC services is focused on

reintegration in the labor market. After the in depth

initial interview is done with the beneficiary in MC the

best way of reintegration assistance is defined jointly

by MC counselor and the beneficiary. In case the

beneficiary wishes to be assisted in finding

employment or feels a need for additional education to

increase his/her chances to succeed at the labor

market s/he is referred to the Job Counseling and

Placement Centre where more detailed interview

regarding previous education, working experiences

and different skills possessed by the beneficiary is

done by the JCP counselor, based on which the most

suitable vocational training is suggested to the

beneficiary. Costs of the training (for eligible

beneficiaries of the project, see Q n°7) are covered by

the project.

In case the beneficiary considers self-employment as

the best option for his/her reintegration s/he is

requested to bring the business idea and if it’s feasible

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s/he is subscribed for the micro business training. The

training is compulsory for all beneficiaries who would

like to request the TIG micro business grant. In the

frame of the training all beneficiaries are assisted by

the trainer to develop their business ideas into a

business plan. Only completed business plan could be

submitted to the TIG Evaluation Committee which

selects business plans for granting.

11. Which authorities are

involved with

reintegration in your

country?

Starting with the readmission process it is the

Department of Patrol Police, Ministry of Foreign Affairs,

and Ministry of the Interior. For issuance of the

identity documents it is the Public Service

Development Agency under the Ministry of Justice.

Reintegration assistance is provided by the Ministry of

the Internally Displaced Persons from Occupied

Territories, Accommodation and Refugees which at the

moment coordinates the reintegration activities

although not supports any assistance financially.

In particular cases the project cooperates with the

Social Service Agency, the State Care Agency, Ministry

of Labour, Health and Social Affairs of Georgia.

Free of charge State and municipal programs are also

actively used (free dinners in Tbilisi and Regions,

municipal medical programs etc.).

12. Is there involvement of

non-governmental

organizations in

reintegration processes

in your country? If so

please specify

The project refers beneficiaries to “Young Lawyers

Association”, a local NGO, which provides free legal

counseling and representation of client’s interests in

court procedures. There are also some private

agencies, mainly employment (e.g. Key Management

Solutions), to which beneficiaries of the project could

be referred in case they look for some specific

vacancies (hospitality and tourism sectors), New

Service (Nannies) and some others.

13. Are there any special

projects for reintegration

that is done in

cooperation with other

states and/or

international

organizations?

In December 2010 the leading project implemented

under the Mobility Partnership cooperation has been

launched in Tbilisi. The TIG project Support

reintegration of Georgian returning migrants and the

implementation of the EU-Georgia readmission

agreement is a three years project designed to

facilitate the implementation of the EU-Georgia

readmission agreement and in the same time assist

Georgian State Authorities in migration management

including development of the national Migration

Strategy and relevant Action plan. Activities of the

project are divided into three components out of which

one is dedicated solely to individual reintegration

assistance for returning citizens of Georgia. There is

no limitation regarding return countries therefore all

migrants coming back to Georgia from EU and any

other destinations can address the MC established in

the framework of the project and request reintegration

assistance. The eligibility rules as well as summary of

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provided services are described under question no. 7.

14. Do you have any special

mechanisms for

reintegrating vulnerable

persons? If so, what are

the special mechanisms

and what groups of

vulnerable persons are

targeted?

Each case is addressed individually. There are no

specific services designed by the project document of

the TIG to provide assistance to vulnerable person.

Still the project team tries to react flexibly to any

request and provide assistance to the maximum

extend limited only by the eligibility of particular

services given by the project document.

Apart of C Hepatitis patients there are no other larger

specific group of the MC beneficiaries. Majority of

specific cases were individual, such as one disabled

person (blind), up to 5 cases with various psychiatric

diagnosis (including schizophrenia), one

unaccompanied minor. All the cases were treated

individually according particular needs of the case.

PARTICIPATING STATE: GERMANY

A. Return:

1. If your legislation

provides that an entry

ban should accompany a

return and/or removal

decision, what are the

lengths of entry bans

used in your country?

According to German residence law, expulsion

(Sections 53–55 Residence Act), deportation (Section

58 Residence Act) and removal (Section

57 Residence Act) result in a ban on entry (Section 11

Residence Act).

The length of the entry ban is to be set according to

the circumstances of the individual case and may

exceed five years only if the foreigner has been

expelled on the grounds of a criminal conviction or if

he or she poses a serious danger to public safety or

order. Whether the foreigner has left Germany

voluntarily and on time is considered when setting the

length of the ban on entry.

2. If you issue entry bans,

how many have been

issued during 2011 and

the first half of 2012?

What are the top five

nationalities receiving

entry bans? How many

entry bans have been

issued for citizens of the

Eastern Partners?

Please refer to the answer to question 1. No data are

available to answer these questions.

3. What procedures do you

have in place to ensure

the identity of a person to

Persons who cannot verify their identity by means of

valid documents must have their photographs and

fingerprints taken (Section 49 Residence Act). In the

process of deportation, the identity of foreigners

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be returned/readmitted? required to leave the country is verified and the

requested state's obligation to readmit them is

determined by

- exchanging biometric data or checking photographs,

- presenting other documents from the country of

origin as credible

evidence of nationality,

- conducting personal hearings with experts from the

likely country of origin.

4. How are special needs of

vulnerable persons taken

into account during the

return process?

Before deportation, the individual case is examined to

determine any special needs for assistance on the part

of the person being deported during deportation and

after arrival in the country of origin, including the

following:

- medically trained staff to accompany and assist the

person during deportation;

- prior arrangement for medical supervision upon

arrival in the country of origin, if needed;

- ensuring that unaccompanied minors are met by

family members or a

state or charitable youth welfare organization in the

country of origin;

and

- organizational and financial assistance from own

local aid projects (e.g. the German return project URA

2 in Kosovo).

B. Readmission

5. If you are a receiving

state, what are your

requirements that need

to be fulfilled in order to

establish the nationality

of the person to be

readmitted?

N.A.

6. What communication

channels do you use

when communicating

with sending/receiving

states for transferring

and/or controlling

information concerning

the identity of a person to

be returned/readmitted?

All communication with countries of origin requested

to readmit own nationals takes place via their consular

representations.

7. Has your country

readmitted/asked for

readmission third country

nationals (ie not own

nationals)? If so, what

treatment and rights are

applied/provided to such

persons? What are the

challenges in treating this

group of persons and

Returning third-country nationals or stateless persons

(not own nationals) to the country of last residence

before arrival in Germany (country of last residence) is

possible in principle only when explicitly allowed by a

bilateral or multinational (EU) readmission agreement

with the country of last residence.

The procedure for returning such persons is governed

by the agreement or its implementing protocol. A

special challenge is proving that

the requested country is in fact the country of last

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what happens to them

after their readmission?

residence and that the person in question entered

Germany from that country. Such persons are not

specially monitored after they enter the country

required to readmit them.

8. If no such readmissions

are requested, please

provide the reasons why

– (no need, readmission

directly to the country of

origin etc)."

If third-country nationals or stateless persons cannot

be returned to the country of last residence, then

these persons are returned to their country of

nationality as far as possible in law and fact.

C. Reintegration:

9. What mechanisms do

you have in place for

reintegrating a person

returning from another

country?

Reintegration of returnees is primarily the

responsibility of the country to which they return.

Nonetheless, reintegration is becoming increasingly

important to German return policy. In line with the

principle of "helping others help themselves",

Germany is therefore active in the countries

significant in terms of migration policy, both with its

own measures (e.g. the German return project URA 2

in Kosovo) and in collaboration with other EU Member

States (e.g. the Franco-German project RACOB in

Armenia).

10. When returning

someone, do you provide

any special programs for

improving the possibility

for the person to be

return to reintegrate in

the country of origin?

As referred to in the answer to question 9, Germany's

URA 2 project in Kosovo offers returnees

comprehensive advising and assistance. Regardless of

their ethnicity or the reasons for their return,

returnees receive concrete, practical local assistance

to become reintegrated in Kosovo in the form of social

and psychological counselling. In addition, the project

provides financial assistance and grants, for example

to cover the cost of initial home furnishings, rent,

wages and business

start-ups, special language courses or school supplies.

In Armenia, the Franco-German project RACOB assists

voluntary returnees with permanent reintegration. This

project focuses on labour

market reintegration and assistance in starting own

businesses.

11. Which authorities are

involved with

reintegration in your

country?

In Germany, the Federal Office for Migration and

Refugees (BAMF) prepares and carries out return and

reintegration projects at federal level.

12. Is there involvement of

non-governmental

organizations in

reintegration processes

in your country? If so

please specify

In Germany, non-governmental organizations, for

example charitable and social welfare organizations,

are primarily involved in the process of advising

persons required to leave the country who wish to do

so voluntarily. Such advising is part of the

comprehensive approach of Germany's return policy.

This approach entails in-depth advising, assistance

with organizing and preparing for departure and

reintegration in the country of origin.

13. Are there any special

Please see our response to question 10 regarding the

Franco-German

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projects for reintegration

that is done in

cooperation with other

states and/or

international

organizations?

project in Armenia, RACOB.

In addition, Germany is taking part in the project

Targeted Initiative Georgia conducted within the

framework of the EU–Georgia mobility partnership.

Along with Germany, the following Member States are

involved:Belgium, France, Italy, the Netherlands,

Poland, Romania, Sweden and the Czech Republic.

As well as building capacities in the areas of return

and reintegration management and conducting

information campaigns on legal labour migration to the

EU, one component of the project addresses the social

and economic reintegration of Georgians returning

from EU Member States or third countries.

A mobility centre has opened in Tbilisi, where a team

of social workers and psychologists is available to help

returnees. As well as immediate

aid, individual reintegration plans can be developed as

needed.

14. Do you have any special

mechanisms for

reintegrating vulnerable

persons? If so, what are

the special mechanisms

and what groups of

vulnerable persons are

targeted?

Groups of vulnerable persons receive local assistance

and support for reintegration in line with their special

needs.

PARTICIPATING STATE:

HUNGARY

A. Return:

1. If your legislation

provides that an entry

ban should accompany a

return and/or removal

decision, what are the

lengths of entry bans

used in your country?

According to Subsection (5) and (6) of Section

47 of the Act II of 2007 on the Entry and Stay

of Third-Country Nationals, an entry ban shall

be ordered with or without expulsion decision

for duration of between one year and five

years.

Entry ban shall be ordered ten years at longest

if the third-country national offends the

territorial public order or national security.

According to paragraphs a) and b) of

Subsection (1) of Section 43, persons must not

be allowed to enter the territory of Hungary

under international commitment; or if he/she is

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excluded by the decision of the Council of the

European Union.

In line with paragraphs c)-e), persons

representing a threat to national security,

public security or public policy; or failing to

repay any refundable financial aid received

from the State of Hungary; or failing to pay any

instant fine or a fine imposed in conclusion of a

misdemeanour proceeding within the prescribed

deadline, and it cannot be recovered or

collected shall be excluded. It duration shall be

determined by the competent immigration

authority; for a period of up to three years, and

it may be extended by maximum three

additional years at a time. The exclusion order

shall be cancelled forthwith when the grounds

therefor no longer exist.

According to Subsection (1) of Section 38 of the

Act I of 2007 on the Admission and Residence

of Persons with the Right of Free Movement and

Residence, the duration of an exclusion order

shall be determined by the imposing authority.

It may not be longer than three years on the

first instance, and may be extended by three

additional years per occasion if the underlying

circumstances still exist at the time of expiry of

the exclusion order.

2. If you issue entry bans,

how many have been

issued during 2011 and

the first half of 2012?

What are the top five

nationalities receiving

entry bans? How many

entry bans have been

issued for citizens of the

Eastern Partners?

Issued entry bans by the Police in 2011

Total 271

Albanian 2

Bosnian 5

Iraqi 3

Unknown 1

Chinese 1

FYROM 2

Moroccan 1

Moldovan 79

Russian 1

Palestinian 1

Serbian 35

Turkish 2

Ukrainian 138

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Issued entry bans by the Police in the 1st half

of 2012

Total 93

Afghan 1

Algerian 1

Bosnian 1

Ecuadorian 1

Cameroonian 1

FYROM 2

Moroccan 1

Moldovan 41

Pakistan 1

Serbian 11

Turkish 3

Ukrainian 29

Total number of expulsions in 2011 is

5,203.

1,247 Ukrainian, 1,369 Serb, 525 Turkish, 494

Moldovan and 179 Croat citizens were expulsed

in 2011.

Furthermore, 1 Armenian, 2 Azeri, 37 Georgian

and 34 Belorussian citizens were expulsed in

2011.

Total number of expulsions in the 1st half

of 2012 is 2,815.

592 Ukrainian, 738 Serb, 215 Moldovan, 182

Turkish, 154 Croat citizens were expulsed in 1st

half of 2012.

Furthermore, 2 Armenian, 6 Azeri, 26 Georgian

and 21 Belorussian citizens were expulsed in

1st half of 2012.

3. What procedures do you

have in place to ensure

the identity of a person to

be returned/readmitted?

On the base of the Act II of 2007 Article 49

Paragraph (1) where expulsion is ordered by

the court it shall be carried out by the

immigration authority.

The expulsion must be carried out primarily on

the basis of readmission agreements. Police is

responsible for reception and processing of

readmission applications. The readmission

agreements effectively are useful for the

implementation of the immigration procedures.

The national authorities involved in returns are:

- Office of Immigration and Nationality

(hereinafter: OIN) and its regional directorates

(both, including AVR)

- National Headquarters of the Police; border

police stations (forced returns)

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In accordance with the provisions of the

implementation-protocols of Readmission

Agreements, Police directly contacts the

competent authority in order to readmit the

person in question. If the expelled own citizen’s

identity and nationality are proved by the

foreign authorities, a readmission declaration is

issued by them and according to this statement

travel document is issued by the embassy.

If the authorities cannot readmit the person by

readmission agreement or there is not

readmission agreement with his/her origin

country, the Office of Immigration and

Nationality or Police check the personal data in

the databases (EURODAC, SIS national

database) and directly initiates the

determination of the identity of third-country

national and obtains travel documents at the

consular mission of the country of origin, or

through the Ministry of Foreign Affairs if the

country has no consular authority in Hungary.

Most of the embassies supplied travel

document application forms in native languages

with special questions or they give the

possibility to third-country nationals to have

personal interview in order to accelerate

determining the identity.

The OIN procedure concerning undocumented

third-country nationals concentrates mainly on

the followings: making report about him/her

personal details and other conditions (residence

permit, asylum permit and committed crimes)

in order to ensure the identity of the person,

sending the fingerprint and photo to the

presumed country of origin for issuing

identification documents. For readmission, a

travel document has to be issued via the

representation of the concerned country in

Hungary (if any). If necessary, a consular

interview shall be organised.

4. How are special needs of

vulnerable persons taken

into account during the

return process?

In the case of a vulnerable person, the

standards of Directive 2008/115/EC of the

European Parliament and of the Council on

common standards and procedures in Member

States for returning illegally staying third-

country nationals is to be used. In line with the

Directive, .the special needs (mainly

emergency healthcare and essential treatment

of illness) have to be covered.

B. Readmission

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5. If you are a receiving

state, what are your

requirements that need

to be fulfilled in order to

establish the nationality

of the person to be

readmitted?

1st case:

If the person is Hungarian, we check him/her in

out national databases.

2nd case:

If the person is 3rd country citizen it is not

required to know the nationality of the person

who is readmitted.

6. What communication

channels do you use

when communicating

with sending/receiving

states for transferring

and/or controlling

information concerning

the identity of a person to

be returned/readmitted?

The Hungarian Police uses electronic way (e-

mail or fax) and if it is necessary they call the

competent authority.

7. Has your country

readmitted/asked for

readmission third country

nationals (ie not own

nationals)? If so, what

treatment and rights are

applied/provided to such

persons? What are the

challenges in treating this

group of persons and

what happens to them

after their readmission?

Hungary used to readmit third country

nationals mostly from Western European

countries. After the readmission, their

(legal/illegal) stay has to be clarified in

Hungary and the necessary alien policing

measures have to be carried out.

8. If no such readmissions

are requested, please

provide the reasons why

– (no need, readmission

directly to the country of

origin etc)."

Not relevant if #7 is yes.

C. Reintegration:

9. What mechanisms do

you have in place for

reintegrating a person

returning from another

country?

N/A

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10. When returning

someone, do you provide

any special programs for

improving the possibility

for the person to be

return to reintegrate in

the country of origin?

The program called “Hungarian Assisted

Voluntary Return and Reintegration” (HAVRR)

focuses on providing returnees with assistance

in supporting the reintegration opportunities in

their country of origin contributing therefore to

the long term sustainability of return. Both

available reintegration grants (Educational

Grant, Business Plan Grant) are provided only

to selected applicants based on availability of

funding, and on the quality and sustainability of

the business plan.

Hence, in order to support the returnees in the

forthcoming period after their return to the

country of origin, the IOM (hereinafter: IOM)

ensures a single support (stipend), which in the

case of the HAVRR program is 100 Euros, for

third country nationals participating in the

voluntary return program. Business plans and

education plans are evaluated by IOM Budapest

staff, taking into consideration the assessment

of the IOM Mission in the Country of Origin.

Migrants can ask for assistance with preparing

the business plans and education plans either

at IOM Budapest or at IOM in the Country of

Origin.

Moreover, in the framework of the “Complex

assistance before return home” ERF project, the

OIN provides assistance and help to returnees

by physiologists, social workers, pedagogues

regarding return and conditions what they face

upon arrival. The project provides vocational

trainings for returnees – prior to departure - in

order to enable them with professional

knowledge in their country of origin.

The IOM offices working in the countries of

origin are providing information on each case of

reintegration. In addition, IOM occasionally

implements projects, which are designed to

assess reintegration activities. One example

was the project titled “Assessment of Assisted

Voluntary Return Programmes in Hungary”,

which was implemented in 2009. Another

project to be highlighted is the Country

Information Gathering Mission to Kosovo

(UNSCR1244) which was organized in 2011.

11. Which authorities are

involved with

reintegration in your

country?

N/A

12. Is there involvement of

non-governmental

In relation to an OIN special project for

returnees, the necessary professional

background for quality development of psycho-

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organizations in

reintegration processes

in your country? If so

please specify

social assistance has been ensured with the

involvement of an NGO (Menedék - Hungarian

Association for Migrants).

13. Are there any special

projects for reintegration

that is done in

cooperation with other

states and/or

international

organizations?

Assisted voluntary return programmes are

implemented by the IOM in partnership and

close cooperation with the OIN.

This partnership is essential in all phases of the

return process.

The OIN is involved in informing the potential

beneficiaries of the option of assisted voluntary

return.

The OIN is also providing customized

counselling for persons under alien policing

procedures regarding return in the framework

of the “Complex assistance before returning

home” project, funded by the European Return

Fund.

The OIN plays a crucial role in referring

potential applicants to the IOM for further

information as necessary.

After the application is completed, the OIN – as

the specialized immigration agency of the

Hungarian Government – approves the

applicants’ participation in the AVRR

programme. If the approval for participation is

granted, the OIN assists IOM with the

preparation of the actual return (liaising with

embassies to acquire travel documents,

coordinating transportation by land with the

Police in cases when it is prescribed by law,

etc).

Apart from the OIN, the most important

external partner of IOM are the Police.

Based on the instructions received from the

OIN, the Police are organizing the

transportation by land of AVRR beneficiaries

from the detention centres to the airport. In

cases when the client is in an open reception

centre (community shelter), IOM is using

external service providers to take care of the

transportation by land.

IOM Budapest is in daily contact with the OIN

and the Police.

Presentations and trainings with the

participation of the implementing partners are

frequently organized. Within a specialized

project IOM Budapest will continue to deliver

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presentations on AVRR and IOM’s activities to

police personnel and detention centre (guarded

shelter) staff.

14. Do you have any special

mechanisms for

reintegrating vulnerable

persons? If so, what are

the special mechanisms

and what groups of

vulnerable persons are

targeted?

Since 2009, the OIN has a special project for

returnees co-financed by the European Return

Fund, in the framework of which the OIN has

provided psycho-social assistance and other

pro-return services for persons before the

return.

The aim of the project is to provide information

concerning return and improve the methods

and tools of preparation of the returnees for the

reintegration. In the framework of the project

OIN ensures:

psycho-social assistance before return,

professional trainings (like seeming,

painting, hair-dressing, handicraft) for

encouraging reintegration,

medical care, like psychologist and dentist,

supplementary food packet.

The necessary professional background for

quality development of psycho-social assistance

has been ensured with the involvement of an

NGO (Menedék - Hungarian Association for

Migrants).

Vulnerable persons are involved in the project.

In 2011, a special children room was

established for families where special programs

have been organized for children. As

mentioned, psychological treatment is provided

for persons with mental problems.

PARTICIPATING STATE: LATVIA

A. Return:

1. If your legislation

provides that an entry

ban should accompany a

return and/or removal

decision, what are the

lengths of entry bans

used in your country?

In compliance with the legal provisions of the

Immigration Law of Republic of Latvia – the time

period for entry-ban is one month till 3 years, also the

authority is entitled not to issue entry-ban.

2. If you issue entry bans,

how many have been

issued during 2011 and

the first half of 2012?

284 entry-bans have been issued during 2011 and 166

– during the first half of 2012.

Top five nationalities receiving entry-bans are: Russia,

Ukraine, Georgia, Belarus and Armenia.

Citizens of the Eastern Partners receiving entry-bans

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What are the top five

nationalities receiving

entry bans? How many

entry bans have been

issued for citizens of the

Eastern Partners?

Issued

entry-bans

during 2011

(active at

present)

Issued

entry-bans

during 2012

(active at

present)

Georgia 101 (50) 45 (36)

Ukraine 105 (46) 55 (28)

Belarus 24 (13) 9 (8)

Moldova 8 (4) 4

Armenia 30 (26) 1

Azerbaijan 8 (4) 1

3. What procedures do you

have in place to ensure

the identity of a person to

be returned/readmitted?

a. work with foreigner: taking an explanation from

foreigner;

b. exchange of correspondence with the country of

foreigner’s origin: with competent authorities in

the country of origin, consular missions or

embassies of countries of origin;

c. language examination;

d. interview in the procedure of readmission.

4. How are special needs of

vulnerable persons taken

into account during the

return process?

The observation of special needs of vulnerable persons

are provided by the national legislation, regulating

such fields as medical treatment, education and social

care, protection of the rights of the child, etc.

B. Readmission

5. If you are a receiving

state, what are your

requirements that need

to be fulfilled in order to

establish the nationality

of the person to be

readmitted?

The correct data of person: name, surname, date of

birth, place of residence. In case if a person was living

abroad for a long time it would be necessary to get

fingerprints, autobiography, photo of good quality,

information on person’s relatives, their place of

residence.

6. What communication

channels do you use

when communicating

with sending/receiving

states for transferring

and/or controlling

information concerning

the identity of a person to

be returned/readmitted?

When communicating with competent authorities of

sending/receiving states in readmission, return or

identification cases, we use faxes or official electronic

mails as well as official post

7. Has your country

readmitted/asked for

readmission third country

nationals (ie not own

nationals)? If so, what

treatment and rights are

applied/provided to such

persons? What are the

challenges in treating this

Latvia has not accepted any third country national

under readmission procedure from the countries that

are not EU Member States. Latvia has not readmitted

any third country national to the third country that is

not the country of origin of the foreigner.

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group of persons and

what happens to them

after their readmission?

8. If no such readmissions

are requested, please

provide the reasons why

– (no need, readmission

directly to the country of

origin etc)."

Latvia readmitted persons directly to the country of

origin.

C. Reintegration:

9. What mechanisms do

you have in place for

reintegrating a person

returning from another

country?

If a Latvian national is returned from another country

to Latvia, then there are no any specific assistance

mechanisms in place, apart from those available to

any Latvian resident, which includes job counselling,

unemployment benefits, etc.

10. When returning

someone, do you provide

any special programs for

improving the possibility

for the person to be

return to reintegrate in

the country of origin?

Under IOM’s managed Assisted Voluntary Return and

Reintegration Programme any returnee received 135

LVL cash grant per person (including children).

Approximately in 1/3 of AVR cases are offered also

reintegration assistance in the amount up to 550 LVL.

11. Which authorities are

involved with

reintegration in your

country?

There is IOM’s Assisted Voluntary Return Programme

for Third Country Nationals returned from Latvia.

12. Is there involvement of

non-governmental

organizations in

reintegration processes

in your country? If so

please specify

No, there isn’t.

13. Are there any special

projects for reintegration

that is done in

cooperation with other

states and/or

international

organizations?

As mentioned above, there is IOM’s Assisted Voluntary

Return and Reintegration Programme, which helps to

reintegrate third country nationals in their country of

origin.

14. Do you have any special

mechanisms for

reintegrating vulnerable

persons? If so, what are

the special mechanisms

and what groups of

vulnerable persons are

targeted?

Reintegration is available only to vulnerable persons

(1/3 of the total caseload). The vulnerability is

determined from following criteria – medical needs,

single parents with children, parents with children,

living conditions in country of origin, period of time

persons have been away from their country, etc. For

each case the situation is evaluated by IOM office in a

country of origin and coordinated with IOM office in

Riga.

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PARTICIPATING STATE: THE REPUBLIC OF LITHUANIA

A. Return:

1. If your legislation

provides that an entry

ban should accompany a

return and/or removal

decision, what are the

lengths of entry bans

used in your country?

According to the Article 133 of the Law on the legal

status of aliens of the Republic of Lithuania the length

of the ban in above mentioned cases is no longer than

5 years.

2. If you issue entry bans,

how many have been

issued during 2011 and

the first half of 2012?

What are the top five

nationalities receiving

entry bans? How many

entry bans have been

issued for citizens of the

Eastern Partners?

Total banned in 2011 – 985 persons, in first half of

2012 – 373 persons (it should be mentioned, that in

that list there are not only returned persons).

Top five nationalities receiving entry bans:

Citizenship 2011 First

half of 2012

Georgia 98 61

Belarus 79 19

Russian Federation

46 24

Uzbekistan 14 4

Ukraine 10 3

Banned from EaP countries:

Citizenship 2011 First

half of 2012

Belarus 79 19

Moldova 7 2

Ukraine 10 3

Georgia 98 61

Armenia 11 0

Azerbaijan 0 0

3. What procedures do you

have in place to ensure

the identity of a person to

be returned/readmitted?

1.Interviewing of the alien, completing a questionnaire

form;

2. Taking pictures of the alien, establishing his/her

travel the route, taking fingerprints and transferring

fingerprint data to the national EURODAC Unit

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established at the Lithuanian Police Forensic Centre;

3. Checking the alien against the international wanted

persons database (checks performed by the

International Relations Board of the Lithuanian

Criminal Police)

4. Checking the alien against the wanted persons in

Lithuania database and the criminal records database

of the Information Technology and Communications

Department of the Ministry of Interior;

5. Checking the alien against the database of

Residents’ Register Service at the Ministry of the

Interior to check whether there is any data on the

alien's place of residence in the Republic of Lithuania

and whether he/she had been issued any Lithuanian

personal identity document;

6. Checking the alien against the aliens’ database of

the Ministry of Internal Affairs to check whether the

alien has entered the Republic of Lithuania legally and

whether there are persons or institutions responsible

for the alien’s entry to Lithuania. It is also checked

whether the alien is included into the list of foreigners

refused entry to the Republic of Lithuania;

7. Contacting a foreign representation of a certain

foreign state in regard to issuance of a return

document. In case of presence of readmission

agreements between the EU and/or the Republic of

Lithuania with the alien's country of origin, a

readmission application to the competent authorities

of the alien’s country of origin (listed in readmission

agreements) is made and forwarded to the Migration

Department of the Ministry of the Interior (i. e. the

competent authority authorized to accept, submit and

handle readmission applications);

8. In case there is no foreign representation of the

alien’s country of origin in the Republic of Lithuania, a

respective Lithuanian embassy is addressed with a

request to mediate when requesting a certain

representative of a foreign state to issue to the alien a

travel document;

9. The alien’s identity, citizenship and circumstances

of his entry to Lithuania can be established in

cooperation with other institutions of the Republic of

Lithuania, the EU and other states.

4. How are special needs of

vulnerable persons taken

into account during the

return process?

Vulnerable persons are identified as early as possible

after their arrival in the center during medical

examination, psychological counseling, social

interviewing and observation. If needed, is an

additional specialized medical consultations and

respective assistance is available at other health care

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establishments.

Vulnerable persons are accommodated separately

from other persons. Due to their special needs they

receive a special medical, social and psychological

assistance. Individual needs of each vulnerable person

are taken into account:

Minors: improvement of living conditions

(accommodated with family members, separately

from inviolable persons, environmental security

ensured, health care services available, access to

education and training and leisure provided, etc.)

science education services security, ensuring

meaningful leisure, etc.). Unaccompanied Minors are

housed at the Refugee Reception Centre.

Persons with disabilities: improvement of living

conditions, accommodated taking into regard their

individual needs, separately from inviolable persons,

environmental security ensured, health care, social

and psychological services available, medication and

special equipment for disabled provided.

Elderly persons: improvement of living conditions,

accommodated taking into regard their individual

needs, separately from inviolable persons,

environmental security ensured, health care, social

and psychological services available, medication

provided according to their needs.

Pregnant women: improvement of living conditions,

accommodated taking into regard their individual

needs, separately from inviolable persons,

environmental security ensured, health care, social

and psychological services available, medication

provided according to their needs.

Single parents: improvement of living conditions,

accommodated taking into regard their individual

needs, separately from inviolable persons,

environmental security ensured, health care, social

and psychological services available, medication

provided according to their needs.

Individuals who have suffered torture, rape or other

severe forms of psychological, physical or sexual

violence: improvement of living conditions,

accommodated taking into regard their individual

needs, separately from inviolable persons,

environmental security ensured, health care, social

and psychological services available, medication

provided according to their needs. Services of a family

doctor, a social worker and a psychologist are

available. In order to ensure availability of other

qualified professional services co-operation with non-

governmental organizations, such as Lithuania Red

Cross Society, has been established.

In order to implement expulsion or return decisions

issued by f the Migration Department, when arranging

vulnerable persons’ expulsion from the Republic of

Lithuania, different factors are taken into regard, e.g.

sex, psychological, social, physiological status, travel

routes, requests received from competent Lithuanian

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and/or foreign authorities and consular offices , etc.

When executing expulsion of vulnerable persons from

the Republic of Lithuania in case of need they can be

escorted by a doctor, a social worker, a psychologist,

etc.

B. Readmission

5. If you are a receiving

state, what are your

requirements that need

to be fulfilled in order to

establish the nationality

of the person to be

readmitted?

Readmission of third-country nationals is carried out

in accordance with international agreements (EU

agreements with third countries and, where applicable,

the relevant agreements of the Republic of Lithuania

with other countries). If the requirements are met, the

Republic of Lithuania without any formality accepts the

returnees.

6. What communication

channels do you use

when communicating

with sending/receiving

states for transferring

and/or controlling

information concerning

the identity of a person to

be returned/readmitted?

Cooperation with competent authorities of foreign

countries is maintained via e-mail, fax and telephone.

7. Has your country

readmitted/asked for

readmission third country

nationals (ie not own

nationals)? If so, what

treatment and rights are

applied/provided to such

persons? What are the

challenges in treating this

group of persons and

what happens to them

after their readmission?

The Republic of Lithuania has asked the competent

authorities of the Estonian and Latvian Republics for

the third-country nationals’ return. Readmission

applications have been accepted. The further

procedures of these persons return to the country of

origin are not known since this information is not a

subject of exchange between the countries.

8. If no such readmissions

are requested, please

provide the reasons why

– (no need, readmission

directly to the country of

origin etc)."

N.A.

C. Reintegration:

9. What mechanisms do

you have in place for

reintegrating a person

returning from another

country?

In 2011, Lithuanian Government approved the “Global

Lithuania” programme for 2011-2019 (Official Gazette,

2011, No. 42-1969), which aims to develop a stronger

strategic relationship with the Lithuanian diaspora. The

“Global Lithuania” programme is implemented through

an inter-agency action plan, which is updated

annually. The inter-agency plan is implemented by 13

institutions (6 ministries, 7 subordinate and other

institutions). While programme activities and goals

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are planned concurrently, each agency allocates

funding for programme implementation from existing

budgetary resources. The aim of “Global Lithuania”

and its action plan is to facilitate five main goals

among the Lithuania diaspora: 1.Encourage the

maintenance of Lithuanian identity; 2.Promote

engagement in the life of Lithuania; 3.Support public

diplomacy efforts; 4.Transform “brain drain” into

“brain circulation”; 5.Strengthen communication

through innovative technologies.

10. When returning

someone, do you provide

any special programs for

improving the possibility

for the person to be

return to reintegrate in

the country of origin?

“Global Lithuania” and its action plan include a number

of activities related with return and reintegration of

Lithuanians living abroad, including: creation of a

system of reintegration services (psychological

consultations); creation of conditions for Lithuanians

living abroad to get all information regarding

repatriation issues using the principle of “one stop

shop” (bulletin “Life and work in Lithuania”); support

for Lithuanian youth studying abroad to participate in

internship and mentoring programs. Ministry of Social

Security and Labor implements first two measures

mentioned above.

Electronic bulletin “Life and work in Lithuania” (50

pages) systematically provides information on

employment, start of the business, taxes, social

security, health care, social housing, education, youth

policy, Lithuanian citizenship issues, personal

identification documents, legal assistance and other

issues useful to Lithuanians living abroad, especially to

those who considers the possibility of returning to

Lithuania.

Ministry of Social Security and Labour also provides

psychological support to Lithuanians who live abroad.

Emigrants have the opportunity to get a free

anonymous psychological help via Skype program or

e-mail. Lithuanians who live abroad face with a variety

of social and psychological problems while living

abroad. Psychological support of professional

psychologists undoubtedly helps to prevent emigrants

from serious mental disorders and enhance their

emotional state.

The following types of activities help to retain links

between Lithuania and Lithuanians living abroad. And

these actions implicitly encourage emigrants to return

to Lithuania.

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11. Which authorities are

involved with

reintegration in your

country?

The following institutions are partially involved in

reintegration processes: Ministry of Foreign Affairs,

Ministry of Social Security and Labour, Ministry of

Education and Science.

12. Is there involvement of

non-governmental

organizations in

reintegration processes

in your country? If so

please specify

The main organizations involved in reintegration

processes are IOM (International Organization for

Migrants) Vilnius Office, Lithuanian World Community.

13. Are there any special

projects for reintegration

that is done in

cooperation with other

states and/or

international

organizations?

There are no special projects for reintegration that is

done with other states and/or international

organizations.

14. Do you have any special

mechanisms for

reintegrating vulnerable

persons? If so, what are

the special mechanisms

and what groups of

vulnerable persons are

targeted?

There are no special mechanisms for reintegrating

vulnerable persons in Lithuania.

PARTICIPATING STATE: MOLDOVA

A. Return:

1. If your legislation

provides that an

entry ban should

accompany a return

and/or removal

decision, what are

the lengths of entry

bans used in your

country?

According to Art. 9 of Law on Status of Foreigners in the Republic of

Moldova (Law # 200 of 16.07.2010), entry bans for a certain term

shall be issued:

a) by a competent body on foreigners' matters - to a foreigner

who was returned from the territory of the Republic of

Moldova;

b) by a border management body - to a foreigner who returned

from the territory of the Republic of Moldova after his/her

illegal stay in Moldova and in respect to whom compulsory

return measures were not applied.

In all cases, application of the entry ban is physically made by

inserting data entries on the ban (with indication of its terms) into

valid travel documents.

In all cases, when bans for entry to the territory of the Republic of

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Moldova are issued, a competent body in charge of foreigners'

matters or a border management body input personal notes into the

Automatic Integrated Information System on Migration and Asylum.

A competent body that issued an entry ban should notify a relevant

foreigner (in written) on issuance of the entry ban and on grounds for

its issuance.

Besides that, Article 10 of the Law stipulates lengths of entry bans:

(1) For foreigners, who entered the Republic of Moldova legally,

but whose stay in the country later became illegal, the following

lengths of entry bans are set:

a) 1 year - in the case of illegal stay from 3 months to 1 year;

b) 2 years - in the case of illegal stay from 1 to 2 years;

c) 3 years - in the case of illegal stay from 2 to 3 years;

d) 5 years - in the case of illegal stay for more than 3 years;

e) 3 years - for illegal labour activities;

f) 5 years - for reporting patently false personal data;

g) 5 years - in the case of their removal.

(2) For foreigners who apply for the voluntary return option, the

terms of entry bans as stipulated by points a) to d) of paragraph (1),

should be halved.

(3) For foreigners, who committed premeditated crimes at the

territory of the Republic of Moldova, or grave, particularly grave or

extremely grave unpremeditated crimes, lengths of entry bans are set

as 5 years, or 10 years if such crimes seriously endanger public order

or national security.

(4) For foreigners who entered the Republic of Moldova illegally, entry

bans are issued for 5 years.

Lengths of entry bans, as stipulated by paragraphs (1), (3) and (4)

are extended by additional 6 months if relevant foreigners were

removed from the territory of the Republic of Moldova at the expense

of the state.

Provisions of para (1) are not applied to foreigners who have common

minor or unemployable children with permanent residents of the

Republic of Moldova, except in cases of deprivation of parental rights.

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2. If you issue entry

bans, how many

have been issued

during 2011 and the

first half of 2012?

What are the top

five nationalities

receiving entry

bans? How many

entry bans have

been issued for

citizens of the

Eastern Partners?

Foreigners who were removed from the territory of the Republic of Moldova (entry bans for 5 years)

Foreigners who were issued decisions on return from the territory of Republic of Moldova (entry bans for up to 5 years)

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3. What procedures do

you have in place to

ensure the identity

of a person to be

returned/readmitte

d?

According to a MoI Order, the Instruction Manual on Identification of

Foreigners and Stateless Persons was approved - the Manual

stipulates that an Identification Case should be opened for every

person needing identification. Such Identification Case includes: a

questionnaire to be completed by a relevant foreigner, his/her

fingerprints, photographs and information on checks completed.

4. How are special

needs of vulnerable

persons taken into

account during the

return process?

According to Governmental Decree # 492 of 07.07.2011 on Approval

of the Regulation on Procedures of Return, Extradition and

Readmission of Foreigners from the Territory of the Republic of

Moldova, prior to launching the return procedures, a case officer

should account for the following factors:

1) due application of the national legislation;

2) whether the foreigner agrees or disagrees with the decision on

his/her return and states his/her intention to appeal against

the return decision;

3) whether the foreigner has necessary finance resources for

his/her return;

4) whether the foreigner's return costs are covered by a physical

person or a legal entity that invited the foreigner;

5) whether the foreigner's return costs are covered by his/her

employer, a physical person or a legal entity, including cases

of illegal employment or expired residence permits;

6) whether risks of evasion are involved;

7) whether it is necessary to place the foreigner into

Governmental custody in the course of preparing and

implementing his/her return, should application of less

compulsory measures be deemed insufficient;

8) whether obstacles exist for removal of the foreigner;

9) whether he/she is a vulnerable person;

10) whether his/her health allow his/her removal;

11) whether sufficient reasons exist for readmission of the

foreigner by a third country according to readmission

agreements or other bilateral instruments.

If a decision on return was issued to a foreigner, the foreigner is

obliged to leave the territory of the Republic of Moldova within the

prescribed period of time. However, in the case of voluntary

departure from the territory of the Republic of Moldova, a competent

body in charge of foreigners' matters may extend the above period of

time in connection with children who attend schools or due to other

family or social circumstances. In such a case, the foreigner will be

obliged to visit the component body in charge of foreigners' matters

(monthly or on request) and notify it on any changes in his/her places

of residence or his/her status, and submit supporting documents

justifying his/her stay at the territory of Moldova.

In the process of removal from the Republic of Moldova, every

particular case and every individual person are taken into account

(including physical and mental fitness of a foreigner, lack of available

transpiration means due to technical reasons and inadmissibility of

removal of unidentified persons). In such cases, a case officer may

request to postpone removal of a foreigner pending removal of

obstacles preventing his/her removal.

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If a return decision is issued to an unaccompanied minor, a case

officer should request necessary assistance of bodies in charge of

protection of children's rights and the officer should ascertain that the

unaccompanied minor will be transferred to his/her family members,

officially appointed guardians or to a specialised child care institution

in the country of return.

The competent body in charge of foreigners' matters, jointly with

relevant national and international organisations may provide

assistance for return of strained foreigners to their countries of origin

via joint assistance programs. To this end, foreigners in need of

assisted voluntary return should submit their written applications to

the competent body in charge of foreigners' matters (or directly to

authorised national and international organisations active in the

sphere) - such applications should be duly substantiated and contain

information on the applicant, his/her travel documents (valid or

expired), on his/her family members, etc. as deemed necessary.

Foreigners may use assistance of joint AVR programs for return to

their countries of origin only individually and only once.

B. Readmission

5. If you are a

receiving state,

what are your

requirements that

need to be fulfilled

in order to establish

the nationality of

the person to be

readmitted?

According to the Readmission Agreement with EU,

Moldavian nationality is confirmed by the following

documents:

a) passports of any type (national, diplomatic, service

passports);

b) national ID cards of any type;

c) laissez-passer;

d) seaman passports;

e) citizenship certificates or other official documents referring

to or clearly specifying citizenship.

Prima facie evidence of Moldavian nationality:

a) photocopies of the above listed documents;

b) military ID cards;

c) official statements made in the framework of streamlined

procedures, including statements of Border Police officers

who can confirm that relevant persons crossed the border;

d) driver licenses or their photocopies;

e) birth certificates or their photocopies;

f) service ID cards or their photocopies;

g) written statements of witnesses;

h) written statements made by foreigners and their native

languages, including results of official language tests;

i) any other documents that may prove nationality of

foreigners.

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Evidence of grounds for readmission of third country nationals and

stateless persons:

a) entry (departure) notes of relevant authorised bodies of

Parties made in any ID documents that authorise trans-

border travel;

b) valid visas or residence permits of the requested Party;

c) official statements of Border Police officers who can confirm

that relevant persons crossed the border;

d) documents of any type, certificates or receipts that confirm

stay of relevant person at the territory of the requested

Party;

e) tickets and/or passenger lists of air/railway carriers, etc.

that clearly confirm stay and travel routes of relevant

persons at the territory of the requested Party.

Indirect proof of grounds for readmission of third country nationals

and stateless person:

a) information that relevant persons used services of carriers

or tourist agencies;

b) official statements made by a person to be readmitted or

by his/her family members, made in the framework of

court or administrative proceedings;

c) information on identity and/or whereabouts of a person

provided by an international organisation;

d) official statements of witnesses.

6. What

communication

channels do you use

when

communicating with

sending/receiving

states for

transferring and/or

controlling

information

concerning the

identity of a person

to be

returned/readmitte

d?

According to implementation protocols to Readmission Agreements,

readmission request should be sent by fax, mail or electronically (in

relevant cases).

7. Has your country

readmitted/asked

for readmission

third country

nationals (ie not

own nationals)? If

so, what treatment

and rights are

applied/provided to

such persons? What

are the challenges

in treating this

group of persons

No

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and what happens

to them after their

readmission?

8. If no such

readmissions are

requested, please

provide the reasons

why – (no need,

readmission directly

to the country of

origin etc)."

Persons of the group are generally returned directly to their countries

of origin or according to the national legislation.

C. Reintegration:

9. What mechanisms

do you have in place

for reintegrating a

person returning

from another

country?

So far, there are no clearly defined mechanisms for reintegration of

RM nationals who return from other countries.

At the same time, for purposes of registration and follow-up of the

returning emigrants, and to improve their access to the Moldavian

labour market, with support of a Swedish project (Capacity Building in

Moldova for Labour Resources and Re-emigration Management), and

EU-funded Mobility Partnership, the National Employment Agency

implements a number of measures.

1). Due to support and finance assistance of the project, Jobless

Information System software of the National Employment Agency was

upgraded - as a result, the Agency is now able to maintain statistical

records on persons who returned from foreign countries, applied to

territorial bodies of the Agency and were provided relevant services.

In 2011, local employment offices registered 813 returnees as the

unemployed. From January 01 to October 09, 2012, local offices

registered 172 persons who returned from foreign countries.

2). In order to inform migrants on available opportunities after their

return, on demand at the labour market of the Republic of Moldova,

on their rights and access to public resources, training, loans, bank

services, etc., with support of the Swedish project, on-line

information resources of the National Employment Agency were

upgraded and updated - the information resources are accessible to

persons in the country and abroad.

Internal and external communications were improved: Labour Market

Call Centre was launched, 3 labour market information centres were

established under employment agencies of Chisinau, Beltsy and

Kakhul, as well as web-pages of the National Employment Agency

(www.anofm.md) and Labour Market of the Republic of Moldova web-

portal (www.angajat.md):

- web-site www.anofm.md provides information on employment

agencies and social security options for the unemployed, legal acts,

plans, useful links and other information for migrants;

- web-portal www.angajat.md was launched in early 2012 and

contains information on job vacancies and CVs of job-seekers. The

portal automatically matches vacancies and relevant job-seekers.

10. When returning -/-

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someone, do you

provide any special

programs for

improving the

possibility for the

person to be return

to reintegrate in the

country of origin?

11. Which authorities

are involved with

reintegration in your

country?

So far, only the National Employment Agency.

12. Is there

involvement of non-

governmental

organizations in

reintegration

processes in your

country? If so

please specify

-/-

13. Are there any

special projects for

reintegration that is

done in cooperation

with other states

and/or international

organizations?

On March 1, 2011, SIREADA Project was launched - the project seeks

to support implementation of the Readmission Agreement between

EU, Ukraine, the Republic of Moldova and the Russian Federation, and

to facilitate voluntary return and reintegration of Moldavian nationals.

SIREADA Project was implemented by the International Organisation

for Migration with finance support of the European Union. Main

components of SIREADA Project include: the program of assisted

voluntary return; legal, social and medical assistance to migrants in

temporary accommodation centres for foreigners and stateless

persons who stay in Ukraine illegally; capacity building for

reintegration of Ukrainian national who return under voluntary

arrangements from EU countries or under readmission arrangements.

The reintegration component of the project focused on development

of a mechanism for successful reintegration in Moldova through

provision of reintegration assistance to our own nationals who

returned voluntarily or were readmitted in 2011 - 2012. As a

particular objective of the pilot component, the project sought to

develop a national reintegration mechanisms with involvement of

relevant public agencies, for its further development into an

institutionalised reintegration system at the national level.

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Reintegration assistance provide in the framework of the

project

The number of beneficiaries 50

Education/trainings 1

Own businesses 49

Employment 0

Other 0

14. Do you have any

special mechanisms

for reintegrating

vulnerable persons?

If so, what are the

special mechanisms

and what groups of

vulnerable persons

are targeted?

-

PARTICIPATING STATE: THE NETHERLANDS

A. Return:

1. If your legislation

provides that an entry

ban should accompany a

return and/or removal

decision, what are the

lengths of entry bans

used in your country?

According to the law of the Netherlands, entry bans

have a length between 1 and 5 year. In acceptional

cases, related to public security, an entry ban of 10 or

even 20 year can be issued.

2. If you issue entry bans,

how many have been

issued during 2011 and

the first half of 2012?

What are the top five

nationalities receiving

entry bans? How many

entry bans have been

issued for citizens of the

Eastern Partners?

Data not available

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3. What procedures do you

have in place to ensure

the identity of a person to

be returned/readmitted?

Primarily, the Netherlands uses documents to ensure

the identity/nationality of the returnee. In the absence

of documents and analysis is made of the person’s

origin on the basis of language tests and statements

made by the individual.

4. How are special needs of

vulnerable persons taken

into account during the

return process?

Throughout the whole procedure checks are in place.

Each time a person is placed in an accommodation

centre there is a medical check. If the necessary

medical treatment (support in case of disabled

persons) is not available, the person is not placed in

that particular centre.

If there are indications that the medical situation of

the individual needs to be taken into account when

performing the actual return, a so-called “fit-to-fly”

test is done to see if the person is able to fly. In more

complex medical cases, arrangements are made in

order to ensure that the person gets proper medical

attention upon arrival and for the initial period right

after the return.

In line with the Return Directive, UAM’s are not

detained. They are placed either in (temporary) foster

care of in specialized centers. Families with minor

children are also placed in specialized centers, so-

called family locations.

B. Readmission

5. If you are a receiving

state, what are your

requirements that need

to be fulfilled in order to

establish the nationality

of the person to be

readmitted?

Depends on the Requested States. Generally the

Netherlands uses either e-mail, fax of official

diplomatic channels (either via the respective Embassy

to the Netherlands or through Dutch Embassies in the

Requested States)

6. What communication

channels do you use

when communicating

with sending/receiving

states for transferring

and/or controlling

information concerning

the identity of a person to

be returned/readmitted?

See answer till question 5.

7. Has your country

readmitted/asked for

readmission third country

nationals (ie not own

nationals)? If so, what

treatment and rights are

applied/provided to such

According to the policy of the Netherlands, whenever

possible, returnees are sent directly to their country of

origin.

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persons? What are the

challenges in treating this

group of persons and

what happens to them

after their readmission?

8. If no such readmissions

are requested, please

provide the reasons why

– (no need, readmission

directly to the country of

origin etc)."

See answer to question 7.

C. Reintegration:

9. What mechanisms do

you have in place for

reintegrating a person

returning from another

country?

-

10. When returning

someone, do you provide

any special programs for

improving the possibility

for the person to be

return to reintegrate in

the country of origin?

Yes, the Netherlands uses generic programs and

specialized programs targeting specific categories or

specific countries. In various countries, also

participating in the Eastern Partnership, the

Netherlands supports/organizes country-specific

reintegration schemes.

11. Which authorities are

involved with

reintegration in your

country?

-

12. Is there involvement of

non-governmental

organizations in

reintegration processes

in your country? If so

please specify

IOM and numerous NGO’s are involved in pre-departure

counseling

13. Are there any special

projects for reintegration

that is done in

cooperation with other

states and/or

international

organizations?

Overview of Immediate Assistance to Returning

Migrants Provided by the Netherlands

1. Return and Emigration of Aliens from the

Netherlands (REAN)

If a migrant has come to the Netherlands with the

intention to live in the Netherlands for a long period of

time but has decided to leave the Netherlands

permanently, the International Organisation for

Migration (IOM) may offer the REAN programme to

this migrant if this migrant meets the requirements of

the REAN programme (such as the requirement that

he/she cannot pay for the journey himself/herself or

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that he/she has a valid travel document or can acquire

a valid travel document through mediation). The

assistance provided by the IOM on the basis of the

REAN programme includes following: arranging an

airline ticket; assistance at Amsterdam Airport

Schiphol and/or at the airport of destination; and

remuneration of the costs incurred for travel

documents. In addition to these forms of in-kind

assistance and depending on the situation of the

migrant, he/she may also qualify for a financial

contribution (a maximum of € 100 per child and a

maximum of € 500 per adult).

2. Return and Reintegration Regulation (HRT)

Migrants who have applied for asylum in the

Netherlands and who are still residing in the

Netherlands may received additional assistance from

the IOM in their return to and reintegration in the

country of origin, if the migrant meets the

requirements of the Return and Reintegration

Regulation [Herintegratie Regeling Terugkeer] (such

as the requirements that there is not a General

Asylum procedure pending at the time of their

application or that the application to renew a residence

permit has not been rejected pursuant to Article 1F of

the Refugee Convention). The HRT consists of a

reintegration contribution of € 1,750 per adult or

former unaccompanied minor and € 880 per minor

child travelling with an adult. The contribution on the

basis of the HRT is granted in addition to the

contribution on the basis of the REAN.

3. Return and Reintegration for Families with

Underage Children (AVR FC)

Since the summer of 2011, the Dutch government has

implemented and financed a special project for the

sustainable return of families with minor children, the

'Assisted Voluntary Return of Families with Underaged

Children' (AVR FC). A family, consisting of at least one

adult and one minor child, with a pending or rejected

asylum application, that is considering the option of

returning to the country of origin may qualify for the

family project (Return and Reintegration Assistance

For Families with Underage Children). This project

provides various options for reintegration assistance

after return in the country of origin. Each family will

qualify, for instance, for in-kind assistance to an

amount of € 3,000, in addition to the financial

contributions on the basis of the REAN/HRT

programmes. This in-kind reintegration assistance

may be spent in different ways. The family may, for

instance, use the money to set up a business or to pay

the rent of accommodation or to pay medical care

needed. Families who submitted an asylum application

prior to 15 July 2011 will receive additional in-kind

assistance of € 2,000 per minor child. This assistance

is provided with a view to the growth and development

of the minor child in the country of origin.

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4. The New Policy Framework for Voluntary

Return

In December 2011, the Minister for Immigration,

Integration and Asylum and the State Secretary for

Foreign Affairs decided to implement a new framework

for the voluntary return of former asylum seekers,

which is financed from the budget for International

Migration and Development. This framework provides

the possibility for migrants to receive assistance in

voluntary return. The assistance consists partly of a

financial component and partly of an in-kind

component. This means that migrants may also qualify

for in-kind assistance of € 1,500 per person for, for

instance, setting up a business or attending a course

programme in addition to the financial contributions on

the basis of the REAN/HRT programmes. The

background of the new framework is that this will

provide more tailor-made assistance in return to the

country of origin, which will improve the prospect for

return and further remove any obstacles.

5. Return Project in the Countries of Origin

In addition to the assistance referred to under 1 up to

and including 4, the Dutch government finances

various projects in various countries of origin to assist

returning migrants. The projects concerned are both

Assisted Voluntary Return and Re-integration (AVRR)

projects and Post-Arrival Assistance (PAA) projects to

provide assistance to migrants after they have been

removed from the Netherlands. The Dutch government

also finances shelter homes in a number of countries

for the reception and care of unaccompanied minors.

14. Do you have any special

mechanisms for

reintegrating vulnerable

persons? If so, what are

the special mechanisms

and what groups of

vulnerable persons are

targeted?

See answer to question 13.

PARTICIPATING STATE:

POLAND

A. Return:

1. If your legislation

provides that an entry

1 year of entry ban – in case of issuing decision

on obligation to leave Poland

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ban should accompany a

return and/or removal

decision, what are the

lengths of entry bans

used in your country?

3 years of placing data into SIS – in case of

issuing decision on removal

5 years of placing data into SIS – in case of

issuing decision on removal and in case of

expulsion under escort

2. If you issue entry bans,

how many have been

issued during 2011 and

the first half of 2012?

What are the top five

nationalities receiving

entry bans? How many

entry bans have been

issued for citizens of the

Eastern Partners?

Decision on removal: 4022 (top five figures

according to citizenship: Ukraine -1193, Russia

– 467, Vietnam – 423, Armenia – 331, Georgia

183)

Decision on obligation to leave Poland: 9942

3. What procedures do you

have in place to ensure

the identity of a person to

be returned/readmitted?

The procedures (frame of readmission

applications, proofs, means of communication,

time limits) are established by readmission

agreements. In case of lack of readmission

agreement the identification is processed by

sending applications to an appropriate

embassies. In case when identification cannot

be performed on basis of proofs (copies of

documents, foreigners’ statements) enclosed to

readmission application, most common method

of confirming identity of persons without

documents is performing consular interview.

Alternative methods of identity confirmation are

visits of experts from the countries of origin

(e.g. bilateral readmission agreement with

Vietnam).

4. How are special needs of

vulnerable persons taken

into account during the

return process?

Vulnerable groups (unaccompanied minors,

disabled persons, people after trauma) cannot

be detained. In case of removal, there is an

obligation to set a legal guardian for them and

to ensure the situation in which they will be

provided with the guardian by the requested

state.

B. Readmission

5. If you are a receiving

state, what are your

requirements that need

to be fulfilled in order to

establish the nationality

of the person to be

readmitted?

Regarding Polish nationals, they have to figure

in national personal database. The

requirements of accepting transfer of third

country nationals are set by readmission

agreements. If no such an agreement exist in

relations with requesting state, the subject of

readmission request should posses Polish type

C visa or a long-term stay permit on territory of

Poland.

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6. What communication

channels do you use

when communicating

with sending/receiving

states for transferring

and/or controlling

information concerning

the identity of a person to

be returned/readmitted?

Communication channels are set by

readmission agreements. In case when there is

no readmission agreement with a certain

country, the communication is done in written

form between Aliens Department of Border

Guard HQ and embassies.

7. Has your country

readmitted/asked for

readmission third country

nationals (ie not own

nationals)? If so, what

treatment and rights are

applied/provided to such

persons? What are the

challenges in treating this

group of persons and

what happens to them

after their readmission?

Yes, Poland is constantly asking for the

readmission/readmitting third country

nationals. Such readmissions take place e.g. in

relations with Russia, Ukraine and UE partners.

What happens with a person after being

transferred is a responsibility of an accepting

state.

8. If no such readmissions

are requested, please

provide the reasons why

– (no need, readmission

directly to the country of

origin etc)."

-

C. Reintegration:

General comment: Citizens of Poland as a Member

State of the European Union enjoy the right to free

movement and settlement within the territory of other

EU Member States. Therefore, in practice government

introduced a special web site “Powroty.gov.pl”, with

the aim to provide all emigrants - citizens of Poland

staying abroad - with the information facilitating their

return to the homeland. After return such persons can

be beneficiaries of social assistance system addressed

to all Polish citizens.

9. What mechanisms do

you have in place for

reintegrating a person

returning from another

country?

-

10. When returning

someone, do you provide

any special programs for

improving the possibility

for the person to be

return to reintegrate in

the country of origin?

-

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11. Which authorities are

involved with

reintegration in your

country?

-

12. Is there involvement of

non-governmental

organizations in

reintegration processes

in your country? If so

please specify

-

13. Are there any special

projects for reintegration

that is done in

cooperation with other

states and/or

international

organizations?

-

14. Do you have any special

mechanisms for

reintegrating vulnerable

persons? If so, what are

the special mechanisms

and what groups of

vulnerable persons are

targeted?

-

PARTICIPATING STATE:

ROMANIA

D. Return:

15. If your legislation

provides that an entry

ban should accompany a

return and/or removal

decision, what are the

lengths of entry bans

used in your country?

The length of the entry ban used in Romania according to national legislation is:

- Against the aliens who legally entered in Romania and whose stay became illegal, the interdiction shall be as follows

-

a) 1 year – in case of

i) An illegal stay from 30 days to 1 year, for the aliens who entered in Romania with visa or on the basis of international conventions or normative acts which unilaterally abolishes visa regime

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ii) An illegal stay from 3 months to 1 year, for the aliens to whom previously were issued a stay permit

iii) To aliens who didn’t comply with the return decision and who have been returned under escort

b) 2 years – in case of an illegal stay from 1 to 2 years

c) 3 years – in case of an illegal stay from 2 to 3 years

d) 5 years – in case of an illegal stay of over 3 years

The limits of the above mentioned entry bans shall be reduced to its half for the aliens who

a) Reguest for assisted voluntary return

b) Bears the necessary cost for their removal from Romania

c) Subsequently reimburses the costs for their removal from Romania

d) Are not necessary international transport costs for the removal from Romania

Against the aliens whose visa or stay permit have been revoked/cancelled for the reason of not respecting the scope, the period of entry ban shall be 6 months.

Against the aliens which requested or have been issued visa or s stay permit using false information or forged documents or other illegal means, the period of entry ban shall be 2 years.

Against the aliens who committed criminal offences, and the court sentenced him to expulsion, the interdiction period shall be equal to the duration of the punishment to which they were convicted, but not less than 3 years.

Against the aliens who illegally entered in Romania or tried to illegally enter in Romania, the interdiction shall be 5 years.

Aliens shall be interdicted to enter the territory of the Romanian State for a period of 15 years if:

a) They are signaled by international organizations to which Romania is a party, as well as institutions specialized in combating terrorism, to finance, organize or support in any possible way or commit terrorism acts;

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b) There are indications that they are part of organized crime groups with transnational character or which support, through any means, the activity of these groups;

c) There are serious reasons to consider that they have committed criminal offences or have taken part in committing criminal offences against peace and humanity, war crimes, or crimes against humanity, provided in the international conventions to which Romania is a party

Aliens shall be interdicted to enter the territory of the Romanian State for a period of 5 years if:

a) They committed criminal offences during other stays in Romania or abroad against the Romanian State or a Romanian citizen;

b) They introduced or tried to illegally introduce other aliens on the Romanian territory

c) They previously unjustifiably broke the purpose declared upon obtaining the visa, or, depending on the case, upon entering the Romanian State, broke the customs regime, crossed or tried to illegally cross the Romanian border.

16. If you issue entry bans,

how many have been

issued during 2011 and

the first half of 2012?

What are the top five

nationalities receiving

entry bans? How many

entry bans have been

issued for citizens of the

Eastern Partners?

There were 1202 entry bans issued during 2011 (664) and the first half of 2012 (538). Top five nationalities are Algeria-200, Moldova-168, Morocco-107, Turkey-131, China-90. There were 231 entry bans issued for the Eastern partners as follows: Armenia-7, Azerbaijan-1, Belarus-0, Georgia-14, Moldova-168, Ukraine-41

17. What procedures do you

have in place to ensure

the identity of a person to

be returned/readmitted?

Identification of a person which will be returned / readmitted

- Conducting a preliminary interview with the alien to establish the identity and the ways to enter Romania.

- If necessary and the person does not know an international language (English, French) the interview can be conducted with the support of an interpreter (translator)

- If asylum is requested in Romania, we can study the case of asylum to learn new information about what he declared in the first phase

- Gathering information from other foreigners about it

- Verification of objects, belongings and personal luggage

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- Relatives, acquaintances, contact persons in the country or abroad who can provide information about him or send copies of its documents.

- Prepare a verbal note to relevant embassies who belong in the hearing, establish real identity, and issue a travel document required for removal from Romania. Attach sheet and photo prints, and in some cases request form for travel document.

- If the alien possesses expired documents or copies, the documents are submitted to national embassies to be sent home for confirmation.

- If there is no diplomatic mission in Romania for that country, efforts are made by the Ministry for Foreign Affairs at the embassy in Europe.

18. How are special needs of

vulnerable persons taken

into account during the

return process?

Special needs of vulnerable persons taken into account during the return process.

Vulnerable people – children, unaccompanied minors, disabled people, the elderly, pregnant women, single parents with minor children and persons who have undergone torture, rape or other serious forms of psychological, physical or sexual abuse.

Escorted removal of vulnerable people is achieved by taking into account their special needs.

Vulnerable persons accommodated in centers are entitled to medical care and proper treatment of specific situations and the access to education (unaccompanied minors will be accommodated in foster care to minors)

E. Readmission

19. If you are a receiving

state, what are your

requirements that need

to be fulfilled in order to

establish the nationality

of the person to be

readmitted?

. Requirements of documents for readmission. Necessary proof of documents

- Passports or travel documents of any kind

- Identity cards of any kind

- Seamen´s registration books and skippers service cards

- Citizenship certificate and other official documents supported by another official document which include a photograph that mentions or clearly indicates citizenship

If they do not have those documents prima facie evidence of nationality

- Photocopies of any documents mentioned above

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- Driving license or photocopies thereof

- Birth certificates or photocopies thereof

- Company identity cards of copies thereof

- Statement by witnesses

- Statements made by the person concerned and language spoken by person, including by means of an official test result

- Any other document which may help to establish the nationality of the person concerned

Prima facie evidence of nationality cannot be furnished through false documents

Also

- Entry/departure stamps or similar endorsement in the travel document of the person concerned or other evidence of entry/departure

- Documents, certificates and bills (hotel, appointment cards for doctors, entry cards for private/public institutions, car rental agreement, credit card receipt) which clearly shows that the person concerned stayed on the territory of the requested State.

- Named tickets or passenger lists or air, train, coach or boat passages which show the presence and itinerary of the person concerned on the territory of the requested State.

- Official statements made, in particular, by border authority staff and other witnesses who can testify to the person concerned crossing the border

- Official statement by the person concerned in judicial or administrative proceedings

20. What communication

channels do you use

when communicating

with sending/receiving

states for transferring

and/or controlling

information concerning

the identity of a person to

be returned/readmitted?

Communication channels – fax or email

21. Has your country

readmitted/asked for

readmission third country

nationals (ie not own

nationals)? If so, what

Yes.

They apply national law (Government Emergency Ordinance regarding the regime of foreigners in Romania) and readmission agreement concluded by Romania with other

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treatment and rights are

applied/provided to such

persons? What are the

challenges in treating this

group of persons and

what happens to them

after their readmission?

State.

There are several instances of coping after readmission.

- If they have the right to stay in Romania, the possibility to cancel or maintain the right of residence depends on the purpose for which the residence permit was issued. In case of cancellation a return decision may be issued on Romanian territory for leaving the country.

- Has granted a form of protection on the Romanian territory, depending on how it may cancel or keep

- In other cases of illegal entry or illegal stay in Romania as removal against an alien is ordered from Romania and if it cannot be removed within 24 hours, will be taken into public custody and placed in detention center until removed, but not more than 18 months.

22. If no such readmissions

are requested, please

provide the reasons why

– (no need, readmission

directly to the country of

origin etc)."

If the alien does not want to return to the member state responsible for readmission and wants to return to the country of origin. They may have to purchase their ticket.

F. Reintegration:

23. What mechanisms do

you have in place for

reintegrating a person

returning from another

country?

-

24. When returning

someone, do you provide

any special programs for

improving the possibility

for the person to be

return to reintegrate in

the country of origin?

-

25. Which authorities are

involved with

reintegration in your

country?

-

26. Is there involvement of

non-governmental

organizations in

reintegration processes

in your country? If so

please specify

-

27. Are there any special

projects for reintegration

-

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that is done in

cooperation with other

states and/or

international

organizations?

28. Do you have any special

mechanisms for

reintegrating vulnerable

persons? If so, what are

the special mechanisms

and what groups of

vulnerable persons are

targeted?

-

PARTICIPATING STATE: SWEDEN

A. Return:

1. If your legislation

provides that an entry

ban should accompany a

return and/or removal

decision, what are the

lengths of entry bans

used in your country?

Swedish legislation provides for the possibility to issue

re-entry bans, in line with the EU Return Directive.

The length of the re-entry ban is one year if the

returnee does not comply with an obligation to return

voluntarily within a specified period of time. If the

returnees’ application has been deemed to be

manifestly unfounded and a period for voluntary

return has not been granted, the re-entry ban is

normally set to two years.

2. If you issue entry bans,

how many have been

issued during 2011 and

the first half of 2012?

What are the top five

nationalities receiving

entry bans? How many

entry bans have been

issued for citizens of the

Eastern Partners?

Very few in 2011 and the first part of 2012 as

the Return Directive was not implemented until

May 1, 2012 in Sweden. However, since May 1,

2012 until December 31 the numbers of entry

bans are 3139.

Armenia 37, Azerbaijan 24, Georgia 47,

Moldova 3, Ukraine 25 and Belarus 56.

3. What procedures do you

have in place to ensure

the identity of a person to

be returned/readmitted?

Interviews, in order to establish identity, are

conducted throughout the process of assessing

a third country nationals’ application for a

residence permit. There is also a possibility to

retain any identity documents presented during

such a process. The VIS-data base is also a

useful tool in order to identify individuals. In

the return phase, it is also possible to

cooperate with the readmitting state in order to

establish the returnees’ identity, through, inter

alia, interviews.

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4. How are special needs of

vulnerable persons taken

into account during the

return process?

The Swedish Migration Board is in close contact

with the returnee in order to plan the return. During

these contacts, the Board is given the opportunity to

arrange any necessary measures in order to cater for

special needs, whether this entails medical care or

other important support.

B. Readmission

5. If you are a receiving

state, what are your

requirements that need

to be fulfilled in order to

establish the nationality

of the person to be

readmitted?

. N/A

6. What communication

channels do you use

when communicating

with sending/receiving

states for transferring

and/or controlling

information concerning

the identity of a person to

be returned/readmitted?

The means of communication differs to a wide

extent depending on the established

procedures with the different receiving states.

7. Has your country

readmitted/asked for

readmission third country

nationals (ie not own

nationals)? If so, what

treatment and rights are

applied/provided to such

persons? What are the

challenges in treating this

group of persons and

what happens to them

after their readmission?

Third country nationals are seldom returned from

Sweden to a country other than their country of origin.

When this is the case however, the same treatment is

applied and the same rights are provided as when

returning nationals.

8. If no such readmissions

are requested, please

provide the reasons why

– (no need, readmission

directly to the country of

origin etc)."

N/A

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C. Reintegration:

9. What mechanisms do

you have in place for

reintegrating a person

returning from another

country?

Persons returning from another country to

Sweden are provided with the same social

benefits as any other citizens. Housing and

general well-fare support is provided when

necessary.

10. When returning

someone, do you provide

any special programs for

improving the possibility

for the person to be

return to reintegrate in

the country of origin?

Sweden has implemented different projects in

some countries with the purpose of facilitating the

reintegration process. In addition to these projects,

there is a possibility for returnees from some

countries to apply for a reintegration support in

cash, amounting to app. 9 000 euro per family.

11. Which authorities are

involved with

reintegration in your

country?

Mainly the Swedish Migration Board

12. Is there involvement of

non-governmental

organizations in

reintegration processes

in your country? If so

please specify

Yes, especially the Swedish Red Cross has been

active in implementing projects for this

purpose.

13. Are there any special

projects for reintegration

that is done in

cooperation with other

states and/or

international

organizations?

Some projects have been implemented in co-

operation with international organizations,

mainly the IOM.

14. Do you have any special

mechanisms for

reintegrating vulnerable

persons? If so, what are

the special mechanisms

and what groups of

vulnerable persons are

targeted?

Vulnerable persons are also covered by the projects

and support mentioned above.

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PARTICIPATING STATE:

SLOVAKIA

A. Return:

1. If your legislation

provides that an

entry ban should

accompany a return

and/or removal

decision, what are

the lengths of entry

bans used in your

country?

A police department can impose a ban on entry in the decision on

administrative expulsion

Article 82 of the Act No 404/2011 of 21 October 2011, on Residence

of Aliens and Amendment and Supplementation of Certain Acts

a) for ten years;

s/he represents a serious threat to the state safety or public

order;

b) for three to five years:

s/he threatens the state safety, public order or public health;

was lawfully sentenced for an intentional crime and not

imposed the punishment of expulsion;

s/he has violated the regulations on narcotic drugs and

psychotropic substances;

s/he has submitted a falsified or counterfeited document or a

document of another person during control as per this Act;

s/he has closed the marriage of convention;

s/he has illegally crossed the external border;

his/her residence in the Slovak Republic territory is not

authorised;

s/he obstructs the exercise of the decision of a state body;

a police department has cancelled or revoked his/her visa;

s/he has provided false, incomplete or misleading data during

the proceedings as per this Act or if s/he has submitted

falsified or counterfeited documents or a document of another

person;

c) for one to three years;

s/he performs another activity than the one for which the

temporary residence or visa was granted to him/her;

s/he resides in the Slovak Republic territory on the basis of an

international treaty or decision of the Slovak Republic

government and acts in conflict with such an international

treaty or decision of the Slovak Republic government;

s/he has seriously violated or repeatedly seriously violated

general statutes;

d) for one year

s/he refuses to prove his/her identity in a trustworthy way;

they discover that the purpose for which a third country

national was granted temporary residence has expired and

that the third country national has not announced this fact to

the police department;

s/he has not left the country as per Art. 111 par. 1(p).

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2. If you issue entry

bans, how many

have been issued

during 2011 and the

first half of 2012?

What are the top

five nationalities

receiving entry

bans? How many

entry bans have

been issued for

citizens of the

Eastern Partners?

2011

2012

Nationality

Number of entry

bans

Nationality

Number of entry

bans

Armenia 4

Armenia 5

Azerbaijan 1

Azerbaijan 1

Belarus 1

Belarus 0

Georgia 9

Georgia 24

Moldova 58

Moldova 55

Ukraine 299

Ukraine 201

Others 231

Others 147

Total 603

Total 433

In order to make the data comparable we listed total data for 2011

and 2012.

3. What procedures do

you have in place to

ensure the identity

of a person to be

returned/readmitte

d?

Each person to be returned or readmitted is checked in all databases

that police have an access to. In the case of any doubts on the

identity of the person concerned the police authorities cooperate with

respective diplomatic mission or consular authority.

4. How are special

needs of vulnerable

persons taken into

account during the

return process?

Each return procedure fully respects the best interest of the person.

If there is a need to return any vulnerable person, this fact as well as

all special needs of the person is listed in the readmission request.

B. Readmission

5. If you are a

receiving state,

what are your

requirements that

need to be fulfilled

in order to establish

the nationality of

the person to be

readmitted?

All requirements are listed in the particular readmission agreement or

specified in the implementing protocol. All evidences need to be

verified and confirmed by the competent authorities.

The nationality is proofed by passports of any kind, national identity

cards, citizenship certificates or other official documents that mention

or indicate citizenship (e.g. birth certificate), service books and

military identity cards, seaman’s registration books, skippers’ service

cards and seamen’s passports.

As an indirect evidences of the nationality serve official photocopies

of above mentioned documents, driving license, or any other official

documents issued by the authority of the requested state.

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6. What

communication

channels do you use

when

communicating with

sending/receiving

states for

transferring and/or

controlling

information

concerning the

identity of a person

to be

returned/readmitte

d?

Particularly by fax and/or an e-mail if it’s needed.

7. Has your country

readmitted/asked

for readmission

third country

nationals (ie not

own nationals)? If

so, what treatment

and rights are

applied/provided to

such persons? What

are the challenges

in treating this

group of persons

and what happens

to them after their

readmission?

Each person to be readmitted from Slovakia has guaranteed all

human rights, e.g. medical treatment, access to NGO’s and lawyer,

right to ask for an asylum (the readmission procedure is interrupt

until the final decision on asylum is issued) and all rights given by

the readmission agreement.

The third country national that is returned to Slovak territory under

the readmission agreement can be expelled to the country of origin,

readmitted to another country or received tolerated stay afterwards.

If the person didn’t break any rules of entry or stay on the Slovak

territory s/he is released.

After readmission of the person from Slovakia the person concerned

is under the law of the admitting state. The principle of non-

refoulement is strictly respected during readmission procedure.

8. If no such

readmissions are

requested, please

provide the reasons

why – (no need,

readmission directly

to the country of

origin etc)."

-

C. Reintegration:

9. What mechanisms

do you have in place

for reintegrating a

person returning

from another

country?

AVRR programme

http://www.avr.iom.sk/

Funded by the European Union. Solidarity and Management of

Migration Flows. Co-funded by the Ministry of the Interior of the SR.

Applicants for voluntary return are informed about the possibilities of

reintegration assistance in country of origin by means of joint

information meetings with the target group in the facilities of the

Ministry of Interior, individual consultations at IOM Bratislava

premises, a reduced-charge telephone helpline, and a website.

The reintegration assistance is provided after the return, by

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respective IOM mission, in the country of origin. It is adjusted to

individual needs of migrants and it is based on an individual return

plan which is elaborated by migrant under the assistance of IOM

(either before the return or after the return). The assistance is

provided in-kind, i.e. in form of direct payments to providers of

goods and services in the country of origin. Migrants subsequently

receive goods and services from providers.

The return counselling is based on activities aimed at determining

client’s needs. After client’s return to his country of origin and the

approval of his re-integration plan, the preparation and

implementation of the approved reintegration activities commences.

Clients get the resources allocated in the form of direct payments to

service providers and contractors. The standard amount of re-

integration grant is EUR 1, 400, however the exact amount of

financial assistance is approved by the selection committee and it

reflects client’s specific needs. Vulnerable migrants are generally

awarded higher reintegration grant.

Types of reintegration support

Reintegration assistance is based on migrant’s needs and it is directly

conditioned by his personal situation/ capacity (education, work

experience, family situation), available financial resources, as well as

services and goods available in country of origin.

Depending on these needs, the IOM office may provide the following

forms of assistance:

Micro business set-up - Assistance with business start-up is the

most sought after type of assistance. The returnees opt for this

option because it can provide them with a long term source of

income. They either establish their own businesses or they make

partnership with already established firms, which spares them the

difficulties linked with setting up own business. Examples of

successfully implemented reintegration schemes include: farms,

workshops (welding, car repairs, knitting, sewing, wool weaving,

etc.), shops (photocopy, fertilizer, clothes, stationery shop, etc.),

transportation, taxi, car wash, and many others.

Education (vocational, undergraduate, graduate) - The

educational assistance aims at improving the qualification of

returnees. The returnees can either start or complete already

started studies. Examples of education assistance include

university studies, high school studies, vocational school studies,

etc. This option mainly includes covering of tuition fees, but also

costs for equipment necessary for studies e.g. books, computer,

etc. In justified cases also costs for living can be considered.

Training and schooling, courses (IT, re-training, crafts,

driving license, etc.) - The assistance with training and course

aims at improving specific skills of the returnees in order to

increase their employability at the labour market. This option

covers costs for the course/ training, but also costs for equipment

necessary for taking the course. Examples of implemented

reintegration schemes include courses for licenses driving B and

C.

Job search assistance/ job placement - The assistance with

job search/ job placement is provided in countries in which IOM

missions are capable of arranging these services. The assistance

includes elaboration of a CV and applicant’s work profile, referral

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to prospective employers and job counselling. Job placement

includes a work placement with an employer where IOM pays

returnee’s salary and returnee has the chance to obtain

experience necessary for his future employment.

Legal assistance - The legal assistance option covers costs of

legal services requested by the returnees.

Material assistance (household equipment, furniture,

goods) - Material assistance is primarily aimed at helping

returnees to deal with their immediate situation following their

arrival. E.g. in cases when returnees spent longer time abroad

and lack basic goods that would enable them to run their

household, material assistance can cover costs related to

purchases of essential goods necessary for migrants run their

household (furniture, household appliances, kitchen ware). The

assistance can also be used for improving of migrants living

conditions via refurbishing or reconstruction of their houses,

apartments. Examples include reconstruction of kitchen,

bathroom, roof, heating system, replacement of windows, etc.

Medical assistance - The purpose of medical assistance is to

help returnees to deal with their medical problems immediately

following their arrival. The assistance can cover costs related to

medical examination, medical treatment, purchase of medication,

etc.

Temporary accommodation assistance - The assistance with

accommodation aims at providing the returnees with temporary

accommodation following their arrival. It can cover costs of rent

or costs of lodging at facilities providing accommodation.

Beneficiaries of reintegration assistance from Slovakia by

Country of Origin Country of

Origin 2007 2008 2009 2010 2011 2012

Grand

Total

Armenia 1 4 5

Azerbaijan 1 1

China 1 1

Georgia 1 9 3 13

Iran 1 1

Iraq 1 1

Laos 1 1

Macedonia 1 1

Moldova 4 7 2 2 1 5 21

Namibia 1 1

Nepal 1 1

Paraguay 1 1

Russian

Federation 2 2 4

Serbia 1 1 2

Thailand 1 1

Turkey 1 1 2

Ukraine 5 1 6

UN SC 1244

Kosovo 2 1 2 5

Vietnam 3 17 12 7 39

Grand Total 4 7 10 33 26 27 107

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10. When returning

someone, do you

provide any special

programs for

improving the

possibility for the

person to be return

to reintegrate in the

country of origin?

The reintegration assistance is only provided within the scope of the

AVRR programme.

11. Which authorities

are involved with

reintegration in your

country?

IOM Bratislava only

12. Is there

involvement of non-

governmental

organizations in

reintegration

processes in your

country? If so

please specify

No, only IOM Bratislava

13. Are there any

special projects for

reintegration that is

done in cooperation

with other states

and/or international

organizations?

Within Slovak context, currently only AVRR programme offers

assistance with reintegration. However, in the past, IOM Bratislava

participated in regional projects aimed at reintegration. There are

also projects involving countries of return, i.e. projects run by

missions in countries to which migrants are returning. E.g. migrants

returning from Slovakia to Russia were able to benefit from

reintegration assistance provided by regional project run by Russia,

Ukraine and Moldova (SIREADA project).

14. Do you have any

special mechanisms

for reintegrating

vulnerable persons?

If so, what are the

special mechanisms

and what groups of

vulnerable persons

are targeted?

Vulnerable migrants, e.g. families with children, medical cases,

unaccompanied minors and trafficked persons are treated with

special care and consideration in accordance with IOM internal

guidelines, manuals and handbooks. Vulnerable migrants are

generally awarded higher reintegration grant.

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Tbilisi 20-21 March 2013

Page 71

PARTICIPATING STATE:

UNITED KINGDOM

A. Return:

1. If your legislation

provides that an entry

ban should accompany a

return and/or removal

decision, what are the

lengths of entry bans

used in your country?

Individuals may be the subject of a re-entry

ban where they have previously breached the

UK’s immigration laws by:

(a) overstaying;

(b) breaching a condition attached to their

leave;

(c) being an Illegal Entrant;

(d) using deception in an application for entry

clearance, leave to enter or remain (whether

successful or not).

Bans may be of one year, two years, five years

or ten years duration. A migrant who leaves

voluntarily at his or her own expense will

receive a one-year ban. One who departs

voluntarily but receives financial assistance

from the UK Government to do so will receive a

two year or a five year ban depending on how

long they delay their departure. Enforced

removal or deportation results in a ten year

ban. The bans apply to the visitor and points-

based (worker/ student etc) routes.

2. If you issue entry bans,

how many have been

issued during 2011 and

the first half of 2012?

What are the top five

nationalities receiving

entry bans? How many

entry bans have been

issued for citizens of the

Eastern Partners?

In theory, everyone who is removed or who is

known to have departed after a period of

overstaying is subject to a re-entry ban. In

2011/12 there were in total 14,806 enforced

removals and 26,022 voluntary departures

from the UK.

In 2011 a total (all nationalities) of 300 UK

entry bans were triggered (ie someone subject

to a ban applied to return and was refused). In

the first half of 2012 this figure was 225. Very

tiny numbers involve countries of the Eastern

Partnership. The only categories involving more

than one or two persons are 25 one-year bans

triggered by citizens of the Ukraine in 2011 and

5 in the first half of 2012.

3. What procedures do you

have in place to ensure

the identity of a person to

be returned/readmitted?

1. In determining a person’s identity, the UK will

consider a number of procedures, including:

o statements and documents the

person(or their representative) has

provided to UK officials;

o information the UK may already hold on

the person (including visa applications

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and previous applications to remain the

UK);

o Information obtained through

cooperation with agencies in partner

countries eg EU fingerprint exchanges;

o information provided to the UK courts

on the person’s immigration status;

o checks carried out with the authorities

of the home country (including face-to-

face interviews and fingerprint checks);

o re-documentation interviews carried out

in the UK by officials from the home

countries;

o Language Analysis Testing.

4. How are special needs of

vulnerable persons taken

into account during the

return process?

The UK Border Agency is committed to caring

for all detainees with respect and humanity,

recognising that many of them are anxious and

vulnerable.

Each returnee is risk assessed and individual

special needs are addressed. Detention Custody

Officers (escorting officers) are highly trained in

techniques which help them engage with

vulnerable detainees to help them work

through their concerns and the source of their

anxiety. Where special needs such as medical

concerns are identified, liaison with the airline

will take place to ensure all necessary

measures are in place to secure a safe return.

The UK takes its responsibility very seriously

for the care of children whether accompanied

or unaccompanied; treating children with care

and compassion is a priority. Decisions as to

whether it would be appropriate to return

unaccompanied children to countries of origin

are considered on a case-by-case basis, subject

to an individual assessment of each child’s best

interests. No unaccompanied child under the

age of 18 can be removed from the UK unless

adequate care and reception arrangements are

in place in their country of origin.

B. Readmission

5. If you are a receiving

state, what are your

requirements that need

to be fulfilled in order to

establish the nationality

of the person to be

readmitted?

.

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Panel Meeting on Circular Migration, Eastern Partnership Panel on Migration and

Asylum

Tbilisi 20-21 March 2013

Page 73

6. What communication

channels do you use

when communicating

with sending/receiving

states for transferring

and/or controlling

information concerning

the identity of a person to

be returned/readmitted?

Once processes for returns are agreed (normally

through face to face meetings) further

communications are made by post (mail), with the

requests being made using agreed application

forms. Where there are issues regarding a case,

then a face to face meeting may take place.

7. Has your country

readmitted/asked for

readmission third country

nationals (ie not own

nationals)? If so, what

treatment and rights are

applied/provided to such

persons? What are the

challenges in treating this

group of persons and

what happens to them

after their readmission?

Such cases are dealt with on a case by case basis.

Where we have reason to believe that a person has a

right to reside in or return to a country to which they

are not a national, we would liaise with the relevant

authorities of that country to arrange their return.

8. If no such readmissions

are requested, please

provide the reasons why

– (no need, readmission

directly to the country of

origin etc)."

The UK’s preference is to return a person to their

country of origin, or to their country of nationality.

We would look to do this on a voluntary basis, only

looking to enforce returns where the person fails to

take the voluntary option.

C. Reintegration:

9. What mechanisms do

you have in place for

reintegrating a person

returning from another

country?

With consent, a DBN (Distressed British National)

can be referred on to a range of Travel Care

centres that operate out of the main UK airports.

These agencies can signpost the DBN to more

bespoke agencies that can assist with their

particular needs e.g. social services, homeless

centres, benefit agencies etc

10. When returning

someone, do you provide

any special programs for

improving the possibility

for the person to be

return to reintegrate in

the country of origin?

In general, support is given to voluntary returnees

only under recognized AVR schemes. Exceptionally in

high volume return countries we have a reintegration

support package for enforced returnees as part of our

return arrangement.

There are three programmes within the UK AVR

scheme:

All nationalities, except British, Swiss and EEA citizens,

are eligible for the UK’s generic Assisted Voluntary

Return (AVR) programmes. Our programmes are

designed to achieve a dignified and sustainable return

for any nationality leaving the UK voluntarily and are

operated on behalf of the UK Border Agency by the

Refugee Action Choices Service. The scheme is

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applicable to those without permanent immigration

status in the UK who wish to make a lasting return

home.

Voluntary Assisted Return and

Reintegration Programme (VARRP) is for

those who have sought asylum and those with

certain forms of related temporary status in the

UK. Returnees receive support in acquiring

travel documentation, flight to country of origin

and onward domestic transport, airport

assistance at departure and arrival airports and

up to £1500 worth of reintegration assistance

per person

Assisted Voluntary Return for Families and

Children (AVRFC) is for families comprising of

a maximum of 2 adult parents or legal

guardians and at least 1 child (under 18) and

from unaccompanied children (under 18) who

have either sought asylum or who are in the UK

illegally and wish to return home. Returnees

receive support in acquiring travel

documentation, flight to country of origin and

onward domestic transport, airport assistance

at departure and arrival airports and up to

£2000 worth of reintegration assistance per

person

Assisted Voluntary Return for Irregular

Migrants (AVRIM) is for those migrants who

have not sought asylum, but who are in the UK

illegally and wish to return home. Returnees

receive support in acquiring travel

documentation, flight to country of origin and

onward domestic transport, and airport

assistance at departure and arrival airports.

There is generally no reintegration assistance

for AVRIM applicants however there is

discretionary reintegration assistance of up to

£1,000, considered on a case by case basis,

available for vulnerable applicants.

11. Which authorities are

involved with

reintegration in your

country?

The AVR programmes are operated by the Choices

service of Refugee Action, a UK based charity.

Choices sub-contracts indigenous reintegration

partners in the key countries of return.

Where UK nationals are returned to the UK, this

will depend on the need of the individual. Some

examples include: housing authorities, social

services, Non-Governmental Organisations

(NGOs)/charities, the Department for Work and

Pensions.

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Panel Meeting on Circular Migration, Eastern Partnership Panel on Migration and

Asylum

Tbilisi 20-21 March 2013

Page 75

12. Is there involvement of

non-governmental

organizations in

reintegration processes

in your country? If so

please specify

Again this is dependent on the needs of the individual.

As an example, if a former prisoner returns to the UK

following completion of their sentence (and assuming

that they signed up for and consent to it) then a

referral would have been made to Prisoners Abroad,

an NGO with a specific remit of reintegrating former

prisoners back into UK society.

13. Are there any special

projects for reintegration

that is done in

cooperation with other

states and/or

international

organizations?

Any agency involved in supporting a DBN who has

returned to the UK may decide to seek further

information about their time/experience from the

country they have returned from.

14. Do you have any special

mechanisms for

reintegrating vulnerable

persons? If so, what are

the special mechanisms

and what groups of

vulnerable persons are

targeted?

Again this is dependent on the presenting need and

what agency is assisting with reintegration. Vulnerable

groups would include children, families with children,

people with disabilities, the elderly, people with mental

health issues, people with dependency/addiction

issues. This is not an exhaustive list.

Compilation prepared by the Support Function to EaP Panel on Migration and Asylum and IOM Kyiv.